Reference:
Lyapanov A.V., Ibragimova E.F..
The development of the penitentiary system of the Russian Empire
1801-1845 (based on the materials of the Vladimir province)
// Genesis: Historical research.
2025. № 3.
P. 18-29.
DOI: 10.25136/2409-868X.2025.3.70618 EDN: YBDUQE URL: https://en.nbpublish.com/library_read_article.php?id=70618
Abstract:
Due to the fact that the article examines the issues of legal regulation of the penitentiary system in the Russian Empire in the first half of the XIX century, the subject of the study is the organizational and legal foundations of the penal system in this period. The object of the study is the penitentiary system of the Russian Empire itself. The authors attempted a comprehensive analysis of normative legal acts affecting the penal enforcement system from 1801 to 1845, traced their implementation at the regional level, using the example of the Vladimir province as a territorial entity, which represented almost all the places of deprivation of liberty in the country at that time. The time frame is determined by the first attempts to reform the penitentiary system in the XIX century and the publication of the Code on Criminal and Correctional Punishments in 1845 – a kind of the first Russian criminal code. The analysis showed that the first half of the XIX century was a period of serious changes in legislation, the formation of a new penitentiary system in the country. It was then that the sectoral system of government was created, in which there was a place for institutions of the penal enforcement system. A prison trusteeship society arose, which aimed at the moral correction of convicts and improving their conditions of detention. The activities of prisons and prison companies were regulated, torture was prohibited, etc. Unfortunately, as it was revealed during the study, the implementation of many initiatives on the ground, in particular in the Vladimir province, was delayed due to traditional bureaucratic red tape and chronic lack of funds. Although, of course, it is worth noting the contribution of caring people to the difficult and thankless penitentiary work.
Keywords:
prison locks, convict companies, Prison Care Society, prisoners, penitentiary law, places of detention, exile, prison studies, penal enforcement system, penitentiary system
Reference:
Tarabara D.O..
The return of Vyborg governorate to the "inner" Russia: the legal dimension of the search for national borders
// Genesis: Historical research.
2025. № 1.
P. 32-44.
DOI: 10.25136/2409-868X.2025.1.72554 EDN: UCYVUE URL: https://en.nbpublish.com/library_read_article.php?id=72554
Abstract:
The article is devoted to the analysis of projects for joining first part and then the entire territory of the Vyborg province of the Grand Duchy of Finland to the St. Petersburg province bordering it. The features of the government discourse that emerged during the discussion of the planned transformations are considered, and a comparative analysis of cases of "symbolic" confrontation of the imperial administration with alternative national projects for territories with a special institutional structure is carried out. The object of the study is the national policy of the Russian Empire towards Finland in the 1910s, the subject is the office materials of the Special Meeting on the Affairs of the Grand Duchy of Finland and the interdepartmental Commission chaired by Secretary of State S. E. Kryzhanovsky. The main attention is paid to the draft law "On the accession of the Kivineb, Novokirk and Teriyok communities of the Vyborg province to the St. Petersburg province." The author used traditional methods for historical and legal research: analysis, synthesis, a systematic approach and formal legal. It is concluded that the projects under study, on the one hand, reflected a change in the priorities of the national policy of the Russian government from a broad program of Russification of the outskirts to the formation of the "national core" of the empire, on the other hand, represented a unique attempt to harmonize two different institutional systems and alternative approaches to political modernization. In this regard, the work places special emphasis on the limits of social and political transformations acceptable to the highest Russian bureaucracy in such matters as the class affiliation of subjects, the organization of local self-government and the unification of the legal system. The results of the study make it possible to correct traditional historiographical approaches to the national policy of the late Russian Empire, and also highlight the complex internal logic of the legislative process during the Duma monarchy.
Keywords:
lawmaking, assimilation, unification, territorial appropriation, national core, modernization, national policy, Grand Duchy of Finland, Vyborg Governorate, local self-government
Reference:
Krichevtsev M.V..
Trials against admirals in France under Napoleon I: on the role of the Investigative Council
// Genesis: Historical research.
2024. № 12.
P. 53-65.
DOI: 10.25136/2409-868X.2024.12.72875 EDN: ZSGLDK URL: https://en.nbpublish.com/library_read_article.php?id=72875
Abstract:
The proposed article examines the little-studied institute of the Investigative Council in France under Napoleon I. It was established as the "Fleet Council" by imperial decree of July 22, 1806, to investigate the behavior of senior naval officers if it aroused suspicion and could be considered criminal. The purpose of the work is to determine the role of the investigative council in the system of investigative bodies and the court of the French Navy during the First Empire. For this purpose, an analysis of the regulatory regulation of the Institute of the Investigative Council and its functioning was carried out using the example of the trials of two admirals of the imperial era – Rear Admiral Dumanoir and Vice Admiral Villare de Joyeuse (1809-1810). The subject of the study is the history of the formation of this institute in the era of Napoleon I. Published primary sources and handwritten materials (photocopies) from archival collections and the National Library of France were used in the work on the topic. When studying the material, methods of concrete historical and comparative analysis were used, and a structural and functional analysis of investigative councils was carried out. The following observations were made during the study. The Investigative Council can be defined both as a pre-trial investigation body and as an indictment body. Unlike the indictment jury, it consisted of appointed officers and conducted the preliminary investigation of the criminal case itself. He also evaluated the evidence gathered and made an accusation, which was submitted to the monarch for consideration. Based on the cases of Dumanoir and Villare de Joyeuse, the council appears as an organ of personal imperial power in France. It was created on the initiative of the monarch, the emperor determined its composition and the place of convocation. The sovereign considered the final conclusions of the investigation on the existence of evidence of a crime and decided to organize a trial of the accused. The use of the institute of the Investigative Council was not carried out in every case. In fact, it was seen as a special favor from the monarch, who allowed for a preliminary investigation of the sufficiency of evidence to bring charges and create some kind of pre-trial guarantees against arbitrariness. However, as the practice of using the institute shows, the council did not always cope with the task of uncompromising investigation.
Keywords:
Battle of Trafalgar, First French Empire, indictment jury, War Council, Marine Council, admirals, Investigative Council, preliminary investigation, Naval Justice, Martinique island
Reference:
Danilov I..
Understanding the political and legal category of "Empire" in legal science
// Genesis: Historical research.
2024. № 12.
P. 76-83.
DOI: 10.25136/2409-868X.2024.12.69656 EDN: TTJAAB URL: https://en.nbpublish.com/library_read_article.php?id=69656
Abstract:
The article is devoted to the study of the fundamental concept of "empire" in legal science, its essence, nature and semantic content. In the Russian legal doctrine, which was formed under the long-term influence of Marxist-Leninist postulates, this category is not used in the scientific circulation of the classical theory of state and law. At the same time, the ambiguity of this term, its obvious relevance to the characteristics of the state structure and the extensive historical experience of the existence of imperial states make its legal analysis and comprehension extremely promising. The identification of the essence of the imperial factor will allow us to form new approaches to the study of states and the analysis of their forms. The article examines the category of "empire" both from the point of view of its legal content and from the point of view of its philosophical, political and socio-cultural content. The methodology of scientific research is based on the application of general scientific methods of cognition (dialectical method of universal cognition, systemic, structural and functional), general logical (analysis, synthesis, abstraction, comparison); private scientific (formal legal, historical). The application of the historical method made it possible to comprehend the patterns of evolution of the concept of empire in legal, political and sociological science. Based on the conducted research, various ideas about the essence and nature of the empire have been identified. The scientific positions identifying the empire with the historical type of state based on the establishment of certain principles, values and ideals as dominants for the organization of the most just and organic life of peoples under its rule; with the method of territorial organization of multinational states; with the form of state-territorial structure are revealed. The article compares the presented positions. The correlation of the legal content of this concept, philosophical-political and socio-cultural is carried out. It is concluded that the legal projection of the empire category consists in its definition as a form of state, which determines the specifics of the form of government, state-territorial structure and political regime. The key features of the empire in these aspects are highlighted. The presented results can be used both in conducting a historical analysis of the structural and functional features of specific imperial states within the framework of the history of state and law, and in developing a general conceptual and categorical apparatus for studying states and their forms within the framework of the theory of state and law.
Keywords:
nationalities, political regime, form of government, form of state-territorial structure, type of state, form of state, multinationality, imperial factor, empire, indirect rule
Reference:
Nurislamov R.R..
The Enlightenment Committee of Hamburg-Bremen and the Nazi Seizure of Power: the Case of "Self-Coordination"?
// Genesis: Historical research.
2024. № 11.
P. 21-37.
DOI: 10.25136/2409-868X.2024.11.69152 EDN: OQILWY URL: https://en.nbpublish.com/library_read_article.php?id=69152
Abstract:
The subject of the study is the "coordination" of the Enlightenment Committee Hamburg-Bremen after the Nazis came to power. The purpose of the study is to characterize the process of including this organization in the system of the state apparatus of Nazi Germany. The article analyzes documents from the collections of Russian, German and British archives. The study revealed that the attitude of the Enlightenment Committee Hamburg-Bremen to the Nazi regime was due to a number of reasons: the negative impact of the world economic crisis of 1929-1933 and, against this background, increased interaction with the state even before the Nazis came to power; the rapprochement of some Hamburg and Bremen entrepreneurs with the Nazi Party at the decline of the Weimar Republic due to the success of the party in local and national elections; the rapid process of "coordination" of Hamburg and Bremen and their chambers of commerce after the Nazis came to power; dissatisfaction with the existing system of foreign propaganda, hopes for its strengthening in new conditions. The article shows that the management of the Enlightenment Committee Hamburg-Bremen itself sought to make the organization under the control of the Hitler regime, therefore, even before officially joining the structure of the Ministry of Public Enlightenment and Propaganda, it carried out personnel "coordination" and began to produce materials in a pro-Nazi manner. In Nazi Germany, the Hamburg-based organization came under state control and was provided with stable funding and other support. The previous areas of activity have been preserved and strengthened. The result of the study is the conclusion that in relation to the Enlightenment Committee Hamburg-Bremen, we should not talk about forced "coordination", but rather about "self-coordination".
Keywords:
Nazi Germany, NSDAP, press, foreign intelligence, foreign propaganda, Bremen Chamber of Commerce, Hamburg Chamber of Commerce, the enlightenment committee, ministry of propaganda, coordination
Reference:
Stashkov R.S..
Ensuring safety on the water according to the Maritime Charter of 1720 and in accordance with the norms of modern Russian legislation
// Genesis: Historical research.
2024. № 10.
P. 59-67.
DOI: 10.25136/2409-868X.2024.10.68761 EDN: CQHTII URL: https://en.nbpublish.com/library_read_article.php?id=68761
Abstract:
The article is devoted to the issues of water transport safety, established by the first codified document - the Maritime Charter (1720), in a historical and legal comparison with the norms of modern Russian legislation. The purpose of the study is to conduct a comprehensive analysis of the legal norms governing transport safety of water transport, based on an objective study of documentary, archival and scientific materials, using the principle of objectivity and historicism. An analysis of individual norms of the Maritime Charter and the requirements of the legislation of the Russian Federation was carried out regarding the establishment of rules and requirements for compliance with safety on water (sea and river) transport, as well as liability for violations of this legislation. As a result, a conclusion was formed and legislation changes were proposed in order to enhance the safety of water transport. When writing the article, historical, ideographic, comparative legal research methods were used. Based on the foregoing, we can conclude that, on the one hand, the need for the formation of a navy during the reign of Peter I served as the basis for the development and adoption of a separate codified normative act - the Naval Charter of 1720; on the other hand, the norms of this Peter the Great document are of interest in terms of regulating liability for various violations in the field of ship safety.
Keywords:
administrative offenses, liability, fire, safety, accident, captain, ship, Peter the Great, Marine charter, criminal offenses
Reference:
Madatov O.Y..
The constitutional duty of men and women in the legislation of the Russian Federation
// Genesis: Historical research.
2024. № 10.
P. 68-85.
DOI: 10.25136/2409-868X.2024.10.68768 EDN: CYXCHV URL: https://en.nbpublish.com/library_read_article.php?id=68768
Abstract:
The article examines the formation, development and modern definition of the concept of constitutional duty of Russian citizens, as well as the constitutional problems of its establishment depending on their gender identity. It is proved that the duty of a citizen in the Constitution of the Russian Federation creates conditions for violating the constitutional principle of gender equality established by part 2 of Article 6 of the Constitution of the Russian Federation. The object of the study is public relations regulating the relationship between the state and citizens on the issue of the latter's fulfillment of the constitutional duty established by part 1 of Article 59 of the Constitution of the Russian Federation. The subject of the study is the norms of constitutional, civil and criminal law, as well as law enforcement practice regulating the object of the study. The purpose of the study is to establish the correspondence of the constitutional duty of men and women to the constitutional principle of legal equality of the sexes. This goal determined the need to set and solve the following tasks: 1. To investigate the evolution of the concept of duty as a legal category. 2. To consider the formation and consolidation of the concept of duty in the constitutional law of Russia 3. Compliance of the constitutional duty of men and women with the constitutional principle of legal equality of the sexes. The study showed that there is no single approach to understanding duty in modern science, but an analysis of the evolution of its consolidation showed that the term duty is based on the duties of citizens. This term was first legislated in the USSR Constitution of 1936 and the Constitution of the RSFSR of 1937 in order to separate the constitutional duties of citizens of a bourgeois state from the duty of a citizen of a socialist republic. In the current understanding, the constitutional duty of citizens is attributed only to the protection of the Fatherland, however, this term is not a gender-neutral concept, since it is only a duty inherent exclusively to men.
Keywords:
rights and freedoms, infringement of rights, gender discrimination, gender equality, constitutional duty, international law, national law, constitutional law, public relations, society and the state
Reference:
Portnov A.A..
The policy of Edward IV in the light of English parliamentary legislation
// Genesis: Historical research.
2024. № 9.
P. 17-31.
DOI: 10.25136/2409-868X.2024.9.71634 EDN: ZHAEJH URL: https://en.nbpublish.com/library_read_article.php?id=71634
Abstract:
The subject of the study is the policy of the first English king from the York dynasty, Edward IV, primarily economic. The problem of its nature is posed in connection with the discussion on the exact definition of the time of England's transition from feudalism to capitalism and from a class-representative monarchy to an absolute one. Special attention is paid to the goals and activities of the administration of Edward IV in organizing the economic life of the kingdom, the influence of foreign policy on key decisions in the domestic sphere, as well as the results of measures taken in the second half of the XV century to overcome the consequences of the Wars of the Roses (1455–1585). The research is based on the materials of the English parliamentary legislation, as the most impartial source of knowledge about the policy of the royal power. The research is based on the principles of historicism and scientific objectivity and is based on the problem-chronological principle. Analytical, comparative historical and dialectical methods are used in the analysis of historical sources. The main conclusions of this study are that the economic situation of England in the 1460s was not critical, but in the face of defeat in the Hundred Years' War and the dynastic conflict, the government of Edward IV decided to carry out economic reforms aimed at raising the welfare of English producers, merchants and the king himself. Edward IV's economic policy was protectionist in nature and was conditioned, among other things, by a foreign policy factor. All this, coupled with his social transformations, the decrease in the role of parliament and the increase in the powers of the king, which was continued in the absolutism of the Tudors, characterizes him as a monarch of the transition period from the Middle Ages to Modern times, in the economy, in particular, expressed in the transition from feudalism to capitalism.
Keywords:
Edward IV, Capitalism, Feudalism, Wars of the Roses, XV century, The Middle Ages, England, History, Yorkies, The Lancasters
Reference:
Baldin A.K..
The place and role of constitutional provisions in the formation of military ideology: the historical experience of Russia.
// Genesis: Historical research.
2024. № 9.
P. 96-104.
DOI: 10.25136/2409-868X.2024.9.44057 EDN: IQKXMR URL: https://en.nbpublish.com/library_read_article.php?id=44057
Abstract:
The article is devoted to the historical and legal study of the forms of expression of the concepts of military ideology in the constitutional provisions of the basic laws of the Soviet state and modern Russia. The object of the study is a comparison of ideological approaches related to the perception of war as a socio-political phenomenon by a person, society and the state and the army as the main instrument of its conduct. The subject of the study is the constitutional norms adopted and in force at various stages of the political and legal development of the Russian state. The scientific novelty of the presented work consists in conducting a comparative analysis of the nature of changes in views on the issue of public participation in the organization of armed defense of the state. The author considers the features of the legal regulation of military-ideological attitudes, views and values in various historical conditions. Based on the study of the provisions contained in the texts of the constitutions, the author comes to the conclusion that, regardless of the form and type of the state, foreign policy circumstances, elements of the ideology of the military sphere were reflected to one degree or another in the fundamental legal documents, which indicates their importance in the process of political and legal education of the population and the formation of its normative -the value basis.
Keywords:
armed forces, national security, militarism, military sphere, military doctrine, ideological concepts, constitutional foundations, army, military ideology, constitution
Reference:
Ivanov P.A..
Assessment of Li Hongzhang's foreign policy from the point of view of the modern political system of the People's Republic of China
// Genesis: Historical research.
2024. № 9.
P. 1-16.
DOI: 10.25136/2409-868X.2024.9.71579 EDN: SLESOL URL: https://en.nbpublish.com/library_read_article.php?id=71579
Abstract:
The article is devoted to the analysis of the foreign policy strategy of Li Hongzhang, one of the most prominent Chinese diplomats and political figures of the late 19th century. The article examines the activities of the influential dignitary of the Qing Empire in order to establish the status of the state in the international arena. Criticism of Li Hongzhang is due to his concessions to foreign powers, so his policy is considered inconsistent with the national interests of the country. Despite this, his actions can be regarded as a manifestation of a realistic approach to international relations, which in many ways anticipated the pragmatic foreign policy of Western states. The author analyzes the process of transformation of China's role in international relations, its transition from a backward and semi-colonial country to a leading power in the region and the world. Particular attention in the text is paid to the characteristics of the country's foreign policy from the end of the 20th century to the present day. The article attempts to rethink the diplomatic work of Li Hongzhang through the prism of modern international relations and the foreign policy strategy of the PRC. The article analyzes his political views and key moments in his career, including his role in concluding unequal treaties that had long-term consequences for China. The final part of the article provides a comparative description of the two foreign policies, and describes the influence of the new political elite of the PRC on the country's changed role today. The comparison between Li Hongzhang's traditional diplomatic methods and the strategies used by the modern political elite of the PRC includes the following criteria: protecting national interests, using "soft power", strategic partnership and a multilateral approach to international relations. Particular attention is paid to the analysis of the legacy in China's emerging initiatives, such as "One Belt, One Road" (including the "Silk Road Economic Belt" and the "21st Century Maritime Silk Road"). Thus, the author of the article emphasizes the importance of studying the historical context and the role of the individual in it for considering the strategies and courses of the country's foreign policy in the future.
Keywords:
International relations, Unequal treaties, Modernization, Foreign policy, Imperialism, Qing, CPC, PRC, China, Li Hongzhang
Reference:
Dudko G.N..
The genesis of the casual interpretation of legal norms
// Genesis: Historical research.
2024. № 8.
P. 11-22.
DOI: 10.25136/2409-868X.2024.8.71363 EDN: RAHSTH URL: https://en.nbpublish.com/library_read_article.php?id=71363
Abstract:
The author examines the evolutionary development of ideas about the casual interpretation of legal norms. The subject of the study is the legal understanding of casual interpretation in the process of formation of state and legal institutions. The object of the research is scientific publications, monographs, textbooks, treatises and other historical sources containing conceptual information on hermeneutics, legal interpretation and, in particular, on the casual interpretation of legal norms. The purpose of the research is to reveal the paradigms of the emergence and causes of the transformation of views on the casual interpretation of the legal text. The coverage of the present issue determines the initial appeal to the origins of the formation of the hermeneutical methodology itself. The author focuses on such aspects of the subject as the initial object of hermeneutics; its main historical variations; the close connection between the emergence of hermeneutical ideas with the gradual transformation of society and its forms of organization; the problem of establishing criteria for the implementation of true interpretation. The methodological basis of the work consists in the application of a historical, logical, comparative and systematic approach. The result of the research is expressed in the establishment of dominant events that are significant for the formation of the concept of the casual interpretation of legal norms at various stages of the historical development of society. The novelty of the research is predetermined by an innovative view of the formation of the hermeneutics in the context of the development of legal casuistry and legal understanding of individual life situations. The author notes that the emergence of hermeneutical methodology most vividly correlates with the desire of the subject of law to use various interpretations of emerging incidents, including legal ones. The improvement of methods of interpretation of dreams, predictions, signs, and subsequently words and text led to the emergence and doctrinal formulation of the concept of casual interpretation of normative prescriptions. In conclusion, the author summarizes that today there is a similar general theoretical understanding of the casual interpretation of the norms of law as an independent type of interpretation.
Keywords:
evolution of the interpretation of law, the legal situation, The hermeneutical circle, legal understanding of the legal norm, historiography, the incident, casuistry, casual interpretation, legal interpretation, Hermeneutics
Reference:
Stashkov R.S..
The beginning of ensuring the safety of water transport (based on the materials of acts of Ancient Russia)
// Genesis: Historical research.
2024. № 3.
P. 76-86.
DOI: 10.25136/2409-868X.2024.3.40392 EDN: ABBGNJ URL: https://en.nbpublish.com/library_read_article.php?id=40392
Abstract:
The relevance of the theme of the study is due to the fact that an objective study of the history of formation of legal norms governing the provision of transport safety on water in ancient Russia in the period from the IX – XII centuries, allows to understand the practical significance of this problem to improve the safety of people on water transport. To find out in which documents legal norms regulating safety on water first appeared. The purpose of research is carrying out of the complex analysis of occurrence of the legal norms regulating maintenance of transport safety on water in Ancient Russia, on the basis of objective studying of documentary, archival and scientific materials, using a principle of objectivity and historicism. Object of research are legal documents of Ancient Russia. Subject of research are the legal norms regulating maintenance of transport safety on water in Ancient Russia. When writing the article historical, ideographic, comparative-legal methods have been used. Scientific novelty of article consists in occurrence in Ancient Russia written normative documents containing the norms regulating questions of transport safety on water. For the first time in Russia the written legal document in the form of the international contract regulating various aspects of public relations of Ancient Russia and Byzantium in which the norm regulating transport safety on water objects contains. In addition, the collection of legal norms, Russkaya Pravda, enshrines in writing requirements that did not exist before concerning the need to observe safety on water transport.
Keywords:
shipwreck, ship, peace treaty, Russian Pravda, water transport, coastal law, waterways, transport safety, treaty, Ancient Russia
Reference:
Karpov G..
The system of government in colonial Kenya
// Genesis: Historical research.
2024. № 2.
P. 1-21.
DOI: 10.25136/2409-868X.2024.2.69894 EDN: GQCWHF URL: https://en.nbpublish.com/library_read_article.php?id=69894
Abstract:
The object of the study of this work is the government system of colonial Kenya (1890-1950's). The subject of the study is public authorities, their powers, area of responsibility and features of functioning in East African realities. The author has carried out a detailed analysis of the administrative structure, the law enforcement system, and key management links at the central and regional levels. Special attention was paid to the issues of urban development based on the principle of racial segregation and local self-government, as well as the problem of combating specific crime. The article focuses on a number of non-trivial aspects of the British approach to organizing the work of government agencies, including special recruitment, active lawmaking, largely based on borrowing decisions from British India, and also the introduction of the institute of chiefs at the local level. The methodological basis of the article was historical-legal and problem-chronological approaches, in addition, the author turned to general scientific methods of analysis and deduction. The British system of government was built up in Kenya during the 1900s and 1920s, acquiring features of completeness in the main institutions by the 1930s. Before the arrival of the European colonialists, there was no civilizational basis for the existence of state entities. Therefore the leading role at all levels of the administrative structure belonged to people of European origin. The full power in the colony actually belonged to the governor, who unconditionally pursued the policy of the metropolis. This state of affairs was consolidated by a cultivated ideological paradigm that presupposes the superiority of the British and Europeans in general in all spheres of society, including management. The strength and coherence of the work of the state mechanism was ensured by the homogeneity of the nomenclature. By the time of gaining independence in 1963, the newly-minted Kenyan authorities inherited a completely efficient system of government bodies from the colonial regime.
Keywords:
East Africa, chiefs, courts, police, municipalities, self-government, cities, segregation, colonialism, Kenya
Reference:
Abdulin R.S..
The Emergence and Evolution of the Term "Judicial Management"
// Genesis: Historical research.
2024. № 1.
P. 20-27.
DOI: 10.25136/2409-868X.2024.1.39794 EDN: LWGEKO URL: https://en.nbpublish.com/library_read_article.php?id=39794
Abstract:
The object of the article's research is the process of the emergence and development of the concept of "judicial management". The subject of the study is the formation of the judicial management system and the evolutionary development of terms denoting such management. The author summarizes and systematizes theoretical knowledge on the formation and development of the concept of "judicial management", explores the terminological features and principles of modern judicial management. All this made it possible to objectively assess the process of formation and development of judicial management, to see its new facets, the categorical apparatus reflecting the content of the concept of "judicial management". The author is convinced that the theoretical understanding of the formation of the term "judicial management" has a practical effect not only for the subjects of law enforcement activity, but also for the legislator. The scientific novelty of the research consists in the fact that the article conducts a comprehensive interdisciplinary study in which, through the prism of the formation of the institute of judicial management, the formation of the terminological base of judicial management and its historical correlation is shown. On the concrete historical material, the emergence of the first terms denoting judicial management is determined, the formation and its development of the terminological system of judicial management is shown.The main scientific methods of researching the topic of the article were historical–legal and formal-logical methods with the help of which the characteristic properties of such a phenomenon were known as "judicial management". In addition, to achieve this goal, a set of general scientific (analysis, synthesis, deduction, induction, structural-system method) and private scientific methods were used.
Keywords:
methodology, history, court, judicial authority, state, judicial administration, term, concept, empire, justice
Reference:
Danilovskaia A.V..
Formation and development of criminal liability for crimes infringing on fair competition
// Genesis: Historical research.
2023. № 12.
P. 55-74.
DOI: 10.25136/2409-868X.2023.12.69411 EDN: DSJSJG URL: https://en.nbpublish.com/library_read_article.php?id=69411
Abstract:
The subject of the study is the legal foundations of Russia's criminal law policy in the field of fair competition protection in their historical development, namely the sources of Russian legislation of the XVIII-XXI centuries, containing grounds for criminal liability for encroachments on fair competition, legal acts regulating competitive relations, as well as scientific research by scientists of the XIX-XXI centuries, including dissertations, scientific publications on aspects of legal regulation of competitive relations, criminal prosecution for encroachments on them.The purpose of the work is to identify the historically conditioned attitude of the Russian state towards encroachments on fair competition, their criminalization, penalization and differentiation of responsibility for their commission, systematization of crimes against fair competition, as well as to study the legislative technique used in the formulation of criminal law prohibitions. The main method of research was the historical method, which allowed us to study the genesis of domestic criminal legislation, which provided for liability for encroachments on fair competition. The logical, comparative method, the method of system analysis, and classification were also used. The main result of the work is the conclusion about the usefulness of taking into account domestic legislative experience in determining the criteria for criminalizing acts that infringe on fair competition, systematizing crimes against fair competition, methods and techniques for formulating criminal law prohibitions against their commission. The novelty of the research lies in the fact that the conducted analysis of domestic legislation can help in substantiating and making decisions of criminal and political significance in relation to understanding the system of crimes against fair competition, criminalization of socially dangerous acts directed against fair competition, their penalization, differentiation of responsibility for their commission, the application of existing criminal legislation and their improvement. The findings can be especially useful in legislative and scientific activities, as well as in the field of education.
Keywords:
protection of competition, violations at auction, criminal liability, criminal code, crime against competition, unfair competition, cartel, competition policy, criminal law policy, anti-competition agreements
Reference:
Belyaev M.P., Elyazyan A.S..
Inheritance law in the Grand Duchy of Lithuania
// Genesis: Historical research.
2023. № 11.
P. 76-91.
DOI: 10.25136/2409-868X.2023.11.36751 EDN: XEGKNH URL: https://en.nbpublish.com/library_read_article.php?id=36751
Abstract:
The subject of the study is the development of legislation on inheritance of property in the Grand Duchy of Lithuania. The object of the study is the hereditary legal relations of the Grand Duchy of Lithuania of the XV-XVI centuries. The purpose of the work is to reveal the evolution of hereditary legal relations, to identify their essence and patterns of development. From the standpoint of the achievements of modern historical and legal science, the aim is to analyze the main provisions of the inheritance law of the Grand Duchy of Lithuania, to note the characteristic features of the codification process of the XVI century, to analyze the causes and identify trends in the evolution of the institutions of inheritance law. To achieve the goal, general scientific and special research methods were used, including dialectical, historical-legal, comparative-legal and systemic. The result of the work was the first in modern Russian historical and legal science study of the problem of inheritance of property under the legislation of the Grand Duchy of Lithuania. The peculiarities of inheritance by law are revealed. A number of controversial issues in historical and legal science (veno, extortionate property, etc.) are touched upon. Provisions describing trends in the development of hereditary legal relations in the Grand Duchy of Lithuania are introduced into scientific discussion. A comparative analysis of inheritance of property in the male and female line in the Statutes of the Grand Duchy of Lithuania is made. In the course of the study, the main features and patterns of the development of the inheritance law of the Grand Duchy of Lithuania are revealed, thereby filling a gap in the national historical and legal science.
Keywords:
property, Statute, inheritance by will, inheritance by law, dowry, veno, hereditary relations, estate, marriage, gentry
Reference:
Krichevtsev M.V..
The Special Tribunal in Martinique: from the history of French colonial justice in the early 19th century
// Genesis: Historical research.
2023. № 11.
P. 45-58.
DOI: 10.25136/2409-868X.2023.11.69135 EDN: VBGFJO URL: https://en.nbpublish.com/library_read_article.php?id=69135
Abstract:
The focus of this article is on the special tribunal, a special judicial body established in the French colony of Martinique in 1803. It was created to carry out criminal repression against black slaves accused of poisoning, arson, stealing boats and pirogues to escape. The main purpose of the study is to determine the legal basis for the organization of a special tribunal in Martinique and to identify its features in relation to the special tribunals that existed in the metropolis from 1801 and 1802. The question of the correlation of these tribunals in the colony and in the metropolis seems to be little studied in historiography. The subject of research in the work is the evolution of the special tribunal during the period of French rule on the island – from the establishment of the court to the loss of control over Martinique by the French in 1809. To work on the topic, documentary materials from the National Archives of overseas France, published legislative acts and acts of ministers of the Napoleonic era, acts of the island administration from the "Code of Martinique" were involved. The study used the method of concrete historical analysis, comparative legal analysis of legal documents and structural and functional analysis of judicial bodies. As a result of the study, it can be concluded that the competence of the Martinique Special Tribunal has changed towards its expansion over three stages in 1803-1809. From an organ of repression exclusively for slaves, it gradually turned into an extraordinary court for slaves and for free people of color, and then for any vagabonds without a place of residence and recognition. Dangerous crimes of a state nature began to belong to his jurisdiction. The comparison of the tribunal with the special tribunals established in the metropolis in 1801 and 1802 does not confirm the full borrowing of judicial law from the metropolis in the organization of the colonial court and testifies in favor of the originality of colonial justice. However, similar features in the composition of these bodies and in the order of judicial procedure allow us to speak about general trends in the development of judicial systems throughout the French Empire, in the metropolis and in the colonies, expressed in the creation of bodies of emergency justice, alternative to courts of general jurisdiction.
Keywords:
death penalty, murder, poisoning, exceptional justice, Special Tribunal, Consulate, First Empire, slavery, French colonies, Martinique
Reference:
Koloskov E.A..
The image of Russian Pan-Slavism in the last third of the XIX century: historiography of the issue and the assessment issue
// Genesis: Historical research.
2023. № 10.
P. 1-10.
DOI: 10.25136/2409-868X.2023.10.44203 EDN: YEWENY URL: https://en.nbpublish.com/library_read_article.php?id=44203
Abstract:
The article is devoted to the image of Russian Pan-Slavism in the last third of the XIX century. The subject of the study is the explanation of the phenomenon of Russian Pan-Slavism in the main works of domestic and foreign historiography of the XX-XXI centuries. An attempt has been made to trace the change in the assessment of the relationship between Russian Pan-Slavism in the last third of the XIX century with the later idea of Slavic reciprocity through the prism of perception of Russian/USSR foreign policy. In the framework of this study, the author distanced himself from attempts to compare it with the idea of Slavic (or Orthodox reciprocity) as vectors of foreign policy. The main conclusions of this study are the affirmation that domestic tradition remains a desire to separate Pan-Slavism, Slavophilism, the idea of Slavic and Orthodox reciprocity; in the foreign tradition, authors tend to trace the continuous genesis from the middle of the XIX century and to this day, they often associate very different political and social views in their structure within the framework of the single term “Pan-Slavism”.
Keywords:
Stalin, USSR, Foreign Policy, historiography, international relations, national stereotypes, image of Russia, Slavic reciprocity, Pan-Slavism, Engels
Reference:
Savvinov P.O..
Judicial complaints about the activities of magistrates of the Yakut region in the late XIX — early XX centuries
// Genesis: Historical research.
2023. № 9.
P. 1-9.
DOI: 10.25136/2409-868X.2023.9.44055 EDN: YGXIMJ URL: https://en.nbpublish.com/library_read_article.php?id=44055
Abstract:
The subject of the study is Judicial complaints about the activities of magistrates of the Yakut region in the communicative space of the Yakut District Court at the end of the XIX − beginning of the XX century. The object of the study is the communicative practice associated with the development of legal proceedings in the Yakut region above the specified period. In the article, the author analyzed judicial complaints against the activities of magistrates and their consideration in the Yakutsk District Court. The study is based on the methodological principles of the frontier modernization approach of I.V. Berezhnikov, which is used to analyze the peripheral regions of the Russian Empire. As a tool of cognition, the comparative historical method is used, which allows to reveal the cause-and-effect relationships and patterns of the historical process. For the first time, the article undertakes a special study of judicial complaints against the activities of magistrates in the communicative space of the Yakut District Court, which is understood as a system of diverse communicative connections arising between various communication participants. The author comes to the conclusion that complaints about the activities of magistrates played an important role in the communicative space of the Yakut District Court during the period under review as a channel of communication between society and the judiciary, which was regulated by the Judicial Statutes of 1864. Appeals of the accused, defendants to the judiciary acted as a communicative channel through which feedback was carried out, through which the Yakut the district court could supervise the activities of magistrates. The Yakutsk District Court considered incoming complaints against magistrates regardless of the severity of the accused's crime.
Keywords:
appellate court, district court, communication channel, jurisdiction, Judicial Statutes, writ of error, plaintiffs claim, complains of lingering, complaint, Yakut Oblast
Reference:
Naryshkina S.Y..
History and development of the Institute of Conciliation procedures in Russia
// Genesis: Historical research.
2023. № 5.
P. 30-43.
DOI: 10.25136/2409-868X.2023.5.40746 EDN: SWTMTG URL: https://en.nbpublish.com/library_read_article.php?id=40746
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Abstract:
The article examines the history and development of the institute of conciliation procedures in Russia and some foreign countries. Starting with the first laws on conciliation procedures adopted in tsarist Russia, the authors describe how the institution was formed, what changes occurred in legislation in different historical epochs. The article also analyzes the current state of the institute of conciliation procedures in Russia and gives forecasts of its further development. In particular, the article discusses the impact of recent legislative changes on the institution of conciliation procedures, as well as the role of alternative dispute resolution in modern legal practice. The article points to the need to raise awareness and education among the population and representatives of the business community, as well as the creation of an appropriate infrastructure for mediation and arbitration procedures. The use of the institute of conciliation procedures has great potential for effective dispute resolution, strengthening international relations and improving the quality of life of the population.
Keywords:
partners, conflict, birch bark certificate, justice of the peace, arbitration courts, settlement agreement, civil proceedings, Conciliation procedure, international relations, legislation
Reference:
Tulbasieva S.K..
Disenfranchisement in Kazakhstan in the 1920s-30s of the twentieth century (on the example of the city of Alma-Ata)
// Genesis: Historical research.
2023. № 3.
P. 1-12.
DOI: 10.25136/2409-868X.2023.3.37630 EDN: BGITQM URL: https://en.nbpublish.com/library_read_article.php?id=37630
Abstract:
The article analyzes the history of methods by which the government removed people from active participation in political and public life in Kazakhstan. One of them should be recognized as the deprivation of citizens' voting rights on the basis of class or social status. Meanwhile, disenfranchisement was an integral part of the Soviet electoral system. To understand the essential features of the Soviet electoral law, it is important to investigate the formation and evolution of legislation in this area; the problems of its interpretation and application by local authorities; to consider the factors that influenced the transformation of the circle of election participants. The purpose of the study is the evolution and implementation of the policy of the Soviet government in relation to disenfranchisement and the peculiarities of its implementation in the city of Alma-Ata and its environs. As well as recreating the social appearance and behavior of the categories of "deprived". The deprivation of the electoral rights to participate in elections automatically entailed a number of restrictions in the social and social situation. The deprived turned into outcasts, that is, second-class citizens. Often, disenfranchisement became the basis for further repressive methods of action against a citizen of Soviet Russia, including Soviet Kazakhstan.
Keywords:
Peasants, Dispossessed, voting rights, Alma-Ata,, social group, Kazakhstan, political rights, people, Soviet power,, politics.
Reference:
Veliev A.E..
Criminal liability for suicide in the law of pre-Petrine Russia
// Genesis: Historical research.
2023. № 2.
P. 1-9.
DOI: 10.25136/2409-868X.2023.2.37587 EDN: HNQPJW URL: https://en.nbpublish.com/library_read_article.php?id=37587
Abstract:
This study is devoted to the criminal law regulation of issues related to suicide in pre-Petrine Russia. This period of development of domestic law is characterized by a rather weak, compared with the later stages of the history of criminal legal counteraction to suicide, study. The work presents the testimonies of contemporaries, as well as the monuments of law that were not previously considered in publications devoted to a similar topic. The prescriptions of the norms of positive law affecting suicidal behavior, as well as the sanctions that threatened suicides under the church and customary law of the period under review, are described. Special attention is paid to the popular opinion about the identity of murder and suicide in ancient Russian criminal law. Based on the analysis of normative legal acts of the era in question, it is concluded that although there was no legal responsibility directly for committing suicide in pre-Petrine Russia, the condemnation of suicide by the state authorities still found expression in other forms, in particular, by mentioning this phenomenon in a negative context. At the same time, on the example of a number of normative legal acts of the period under review, the inconsistency of the statement common in Russian science that the term "murder" included not only murder, but also suicide is shown.
Keywords:
self-murder, suicide, suicidal behavior, homicide, criminal law, canon law, customary law, history, law, pre-Petrine Russia
Reference:
Se F..
To the Question of the Scientific Cooperation of North-Eastern China with the Far East of Russia in the Second Half of the 20th-early XXI Centuries.
// Genesis: Historical research.
2022. № 12.
P. 1-10.
DOI: 10.25136/2409-868X.2022.12.39254 EDN: RSQZVQ URL: https://en.nbpublish.com/library_read_article.php?id=39254
Abstract:
Today, all over the world, and above all in Russia, there is a significant interest in the history of Chinese studies in the scientific and humanitarian centers of the Russian Federation and the PRC. Academic and applied significance for historians of the two countries acquire an analysis and summary of the experience of the research centers of Chinese in the Far East. Currently, there is an increase in the attention of Russian and Chinese researchers to the scientific cooperation of North-East China with the Far East of Russia. Orientalist V. L. Larin dedicated a considerable part of his works to this problem [3]. Chinese academic studies of scientific exchanges between China and Russia in related fields are mainly reflected in the articles of Tao Lee Lee Lee Jinzin. The object of this statue is Soviet/Russian Chinese. The subject of study is the process of distribution of Chinese studies with the help of research institutions in the Far East. The goal is the disclosure of the main results of analytical centers, showed their role in the distribution of Chinese in the Russian Federation. The author used the methods of scientific knowledge, observed the principles of logical, systematicity and sequence of presentation of the material. For the first time in Russian historiography, an attempt was made in this article to study humanitarian cooperation and summarize the historical experience of the scientific interaction of North-Eastern China with the Far East of Russia. Thus, the active distribution of Chinese studies in the Russian Far East is carried out through the system of scientific institutions in the direction of academic exchanges in the cities of Vladivostok, Blagoveshchensk, Ussuriysk, Khabarovsk, Harbin, Heihe, Jiamus, Chanchun, etc. their cooperation brought significant results and ensured Intellectual support for comprehensive cooperation in many areas. The Far East began to clearly show interest in China as a whole, in its history, culture, economics and science, in the Chinese language.
Keywords:
Far Eastern Federal University, Heihesk University, Heilongjian University, Victor Lavrentievich Larin, Olga Pavlovna Elantseva, Institute of Confucius, Chinese, the Far East of Russia, northeast of China, scientific cooperation
Reference:
Sosenkov F.S..
The Main Trends in the Formation of the Soviet Federal Socio-Territorial Space (1917 – 1922)
// Genesis: Historical research.
2022. № 12.
P. 253-277.
DOI: 10.25136/2409-868X.2022.12.39569 EDN: JYOKTL URL: https://en.nbpublish.com/library_read_article.php?id=39569
Abstract:
The subject of the study is the process of formation of the Soviet federal socio-territorial space in the period 1917 – 1922, which includes the design of the state borders of Soviet Russia, the definition of the principles of the Soviet Federation (internationalism, the right of nations to self-determination), the regions composition of the RSFSR, the order of distribution of rigions and powers between the center and the regions, the scope of such powers and subjects of reference. The purpose of this study was to study the trends in the formation of the Soviet Federation in the diversity of its regions, the influence of these trends on outsiders of the next historical level of the Soviet Federation – the Union of Soviet Socialist Republics. To achieve this goal, a set of universal (dialectics), general scientific (analysis, synthesis, deduction, induction, structural-system method), private scientific methods (historical method), special methods (formal legal, comparative legal) were used. The novelty of the research lies in the fact that the author highlights the following trends in the first experiments of building a Soviet federal state: 1) the experimental nature of the construction of the Soviet federation in the absence of appropriate political and legal experience; 2) the ideocratic nature of the Soviet federal state, based on internationalism and the right of nations to self-determination; 3) the national-territorial nature with obvious asymmetry in favor of national subjects; 4) the initial non-determination of the borders of the Soviet federation; 5) the indefinite subject composition of the federation, constantly changing, both qualitatively and quantitatively; 6) the situational and individual nature of the distribution of subjects of competence and powers between the center and the regions. A special contribution of the author to the research of the topic is the introduction into scientific circulation of archival documents from the funds of the State Archive of the Russian Federation and the State Archive of Socio-Political History.
Keywords:
Constitution of the RSFSR, autonomous republic, autonomous region, right of secession, sovereignty, civil war, unitary state, RSFSR, soviet federalism, national self-determination
Reference:
Kodan S.V..
The Code of Laws of the USSR and the Codes of Laws of the Union Republics in Ensuring the Legislative Unity of the USSR (mid-1970s - 1980s)
// Genesis: Historical research.
2022. № 12.
P. 278-294.
DOI: 10.25136/2409-868X.2022.12.39570 EDN: KMYHZM URL: https://en.nbpublish.com/library_read_article.php?id=39570
Abstract:
The creation of the Code of Laws of the USSR was a new stage in ensuring the unity of the legislative space in the USSR. In accordance with the decisions of the XXV Congress of the CPSU and the Resolution of the Central Committee of the CPSU, the Presidium of the Supreme Soviet of the USSR and the Council of Ministers of the USSR (1976), theoretical study was carried out and work was carried out in the period up to 1985 on the publication of the Code of Laws of the USSR. Accordingly, the preparation and publication of codes of laws in the Union Republics began. The scientific novelty of the article consists in generalizing the available materials and determining the place and role of the Code of Laws of the USSR and the codes of laws of the Union Republics in ensuring one of the main elements in ensuring the unity of the Secular Union State. It is concluded that the Code of Laws of the USSR and the codes of laws of the Union republics in ensuring the unity of the legislative space of the USSR became the final stage in the centralization and coordination of the system of legislation at the level of the Union state and its constituent republics. The codes of laws were not only an important means of maintaining the unity of the legislative space of the country, but also contributed to the development of the legislative system as a whole and its branches – identifying gaps, coordinating the content of union and republican normative legal acts. At the same time, they are the most important source of studying the development of the USSR and Soviet law as a whole.
Keywords:
historical and legal science, republican codes of laws, Code of Laws of the USSR, systematization of Soviet legislation, the system of legislation of the USSR, legislative unity of the USSR, state unity of the USSR, history of the USSR, history of Soviet law, history of the Soviet state
Reference:
Dondokov Z.D..
The problem of the legal status of state bodies: the history of civil thought
// Genesis: Historical research.
2022. № 8.
P. 78-87.
DOI: 10.25136/2409-868X.2022.8.38581 EDN: TXLLUV URL: https://en.nbpublish.com/library_read_article.php?id=38581
Abstract:
The State has been a participant in economic relations since immemorial times, but it has always been expressed through a system of its organs and organizations. The modern problem of the legal status of state bodies remains relevant even after the extreme reform of civil legislation, since many aspects of such a status remain unclear to the science of civil law. One of the reasons is that the issue is at the intersection of private and public law. The author, using the comparative historical method of research, on the basis of a systematic approach, tries to establish the continuity of approaches to determining the civil status of state bodies at different stages of the development of the state and law. Thus, the author comes to the conclusion that the pre-revolutionary and Soviet stage of the development of civili law thought is characterized by the consideration of state bodies as integral parts of the entire state, in which they play the role of representatives of the latter. At the same time, with the justification in Soviet law of the formal separation of the property of state bodies from the treasury in the civil legislation of the early stage of modern Russian law, individual state bodies are given the independent status of legal entities. However, this trend is not caused either historically or formally legally. As the author shows, it is caused by an attempt to shift the Soviet system of management of socialist property to the modern conditions of a free economy, when the state acts as an equal participant in the market. In conclusion of his research, the author comes to the conclusion that the problem of the participation of state bodies in civil legal relations is rather characteristic of the modern stage of the development of civil law and is due to the desire to limit the civil liability of the state for the actions of its bodies.
Keywords:
market economy, comparison, legal history, institution, legal entity, legal personality, private law, public law, government agency, state
Reference:
Bakharev D.V..
"It is impossible not only to provide for all the needs of places of detention caused by overcrowding, but also to feed prisoners": interdepartmental financial disputes on the eve of the birth of the Soviet camp system (1928-1929).
// Genesis: Historical research.
2022. № 6.
P. 98-111.
DOI: 10.25136/2409-868X.2022.6.38344 EDN: FBDOFY URL: https://en.nbpublish.com/library_read_article.php?id=38344
Abstract:
The subject of the study is the financial and economic prerequisites of the hardware confrontation on the strategy and priorities of the development of the Soviet correctional labor system, observed at the turn of the 1920s-1930s. Archival documents of that era are analyzed, indicating that the NKVD of the RSFSR and its subordinate Main Directorate of places of detention in the specified period experienced an acute shortage of funds for the maintenance of constantly an increasing contingent of prisoners. The leadership of the People's Commissariat (V. N. Tolmachev) and GUMZ (E. G. Shirvindt) made significant hardware efforts to eliminate the shortage of monetary resources and, with the support of the SNK of the RSFSR, sometimes even acted bypassing the People's Commissariat of Finance of the RSFSR for these purposes. Therefore, including for this reason, it categorically refused to participate in the financing of measures to create new correctional labor camps under the auspices of the OGPU. At the same time, representatives of the NKVD opposed the very idea of expanding the camp system and transferring other categories of prisoners to the OGPU in addition to those convicted of counterrevolutionary crimes. The article also cites other archival documents, which, together with the rest of the sources analyzed in it, cast doubt on the well-established opinion that the head of the NKVD V. N. Tolmachev was one of the initiators of the project of transition to a mass system of camp organization of forced labor of prisoners in the USSR.
Keywords:
Yagoda, Shirvindt, Tolmachev, SNK of the RSFSR, GUMZ, OGPU, NKYU RSFSR, NKVD OF THE RSFSR, correctional labor camps, penitentiary system
Reference:
Dergunov A.A..
Historical and legal analysis of the genesis of pre-emptive law as a general theoretical phenomenon
// Genesis: Historical research.
2022. № 5.
P. 73-86.
DOI: 10.25136/2409-868X.2022.5.38132 URL: https://en.nbpublish.com/library_read_article.php?id=38132
Abstract:
The object of the study is social relations taken in historical retrospect, arising, changing and developing under the influence of the advantages of some subjects over others. The subject of the study is the preferential rights taken in historical retrospect. The purpose of the presented research is to form the foundations of the concept of the legislative category of preemptive right. Based on the genesis of the preemptive right, the conclusion is made about the dominance of the objective component in this phenomenon, which implies the possibility of having an additional benefit in comparison with other subjects. It is noted that there is a need to distinguish the pre-emptive right from related categories, primarily privileges and benefits. Dialectical materialism has been chosen as the basic method of scientific cognition, which makes it possible to study objective and subjective factors in the essence of pre-emptive law in dynamics. The historical method is actively used, which makes it possible to highlight the genesis of the pre-emptive right at various stages of historical development. A comparative legal method is used to investigate the evolution of the pre-emptive right in the legislation of various states of the world. The scientific novelty of the work lies in the very formulation of the problem of the need for scientific analysis of the genesis of pre-emptive law as an objective and universal phenomenon, implemented not only in normative acts regulating civil legal relations, but also finding its expression in almost all branches of modern legislation. The relevance of the study is determined by the severity of the problems associated with the presence of such a phenomenon as pre-emptive law in the legislation. The prevalence of the latter in regulatory prescriptions can lead to the rights inequality. In turn, the verified establishment and application of this phenomenon makes it possible to optimize the positions of various participants in public relations regulated by law. The historical analysis of the genesis of the preemptive right allows to conclude about the inevitability and permanence of its presence in the legislation, which determines the relevance of the study.
Keywords:
genesis, Benefits, Privilege, Preemptive right, Advantage, Right, Regulatory requirement, Legislation, The benefit, Opportunity
Reference:
Khamidullin U..
Patrimonial law of the Bashkirs of the late XVI century – 30s of the XVIII century: the development of the institute, the specifics of legal regulation.
// Genesis: Historical research.
2022. № 4.
P. 33-45.
DOI: 10.25136/2409-868X.2022.4.37852 URL: https://en.nbpublish.com/library_read_article.php?id=37852
Abstract:
The article examines the main trends in the development of the Bashkir patrimonial law institute in the period from the end of the XVI century to the 30s of the XVIII century in the conditions of legal pluralism. The question of transformation and its integration into the Russian property law is investigated. Based on the analysis of the Russian patrimonial legislation of the XVI-XVII, normative acts regulating Bashkir land relations, materials of judicial proceedings of the Ufa writ hut and other archival documents, Bashkir legends and chronicles, the author attempts to reconstruct the mechanism of legal regulation of Bashkir patrimonial law, identifying the specifics and logic of its development. As a result of the conducted research , the author comes to the following conclusions: Russian Russian Federation 1) in the conditions of polyuridism that developed in Bashkiria after joining the Russian state, the Moscow authorities, in order to adapt the local law and order, including the order of land ownership, to the new political and legal realities, carried out a legal policy to preserve the patrimonial relations of Bashkirs; the general declarative norms of charters received by Bashkirs from the Russian tsars when accepting citizenship, laid the vector of special legal regulation in the field of Bashkir land rights; 2) the establishment of patrimonial law as an institution of customary law took place through judicial (law enforcement) authorization; 3) a cardinal change in the paradigm of legal regulation of Bashkir patrimonial relations occurred with the adoption of the Decree of February 11, 1736, which legalized the sale of Bashkir patrimonial estates; the introduction of certain elements of the civil property regime it created conditions for the transformation of traditional ancestral land ownership into an institution of collective ownership. Thus, there is an evolution of legal regulation in the field of patrimonial rights of Bashkirs: the former legal policy on the selection of the most optimal mechanism for the adaptation of patrimonial law is replaced by a policy of selection (selection) of customs for the possibility of their application within the framework of a single positive Russian law.
Keywords:
Cathedral Code, russian property law, chartered certificates, legal acculturation, sanctioning custom, Bashkiria, legal pluralism, ancestral patrimony, patrimonial right of bashkirs, customary law
Reference:
Chukaev T.O., Kozinnikova E.N..
Domestic state studies of the second half of the XIX century . about the problems of interaction between the state, society and the individual
// Genesis: Historical research.
2022. № 3.
P. 16-22.
DOI: 10.25136/2409-868X.2022.3.35563 URL: https://en.nbpublish.com/library_read_article.php?id=35563
Abstract:
The subject of the study was the theoretical heritage of prominent Russian statesmen of the second half of the XIX century – Vasily Nikolaevich Leshkov (1810-1881) and Vladimir Matveevich Hessen (1868-1920). The initial position of the concepts of "public law" and "rule of law" developed by them is the thesis that in the conditions of the formation of the rule of law, it is necessary to fully develop the institution of civil society – the sphere of manifestation of initiatives of free citizens and voluntarily formed organizations. The causal relationship of the problem of interaction between the state, society and the individual is revealed; the ideas of V. N. Leshkov and V. M. Hessen about the subjects of "public law" and "subjective law" are characterized. The concepts of "public law" and "rule of law", reflected in the theoretical heritage of V. N. Leshkov and V. M. Hessen, which has not received proper understanding to date, are characterized. An assessment is given to the conclusions of V. N. Leshkov and V. M. Gessen that society is considered as the most important subject of management activity in the state. It is concluded that in the conditions of building a developed civil society in the Russian Federation, the concepts of "public law" and "rule of law" require a comprehensive analysis and clarification of their significance for the transformation of the state-legal reality of modern Russia.
Keywords:
policeistics, subjective rights, the rule of law, public law, civil society, Hesse, Leshkov, society, state, right
Reference:
Shamak S.A..
Senator E. N. Berendts on the work of the Governing Senate in the conditions of the revolutionary transformations of 1917
// Genesis: Historical research.
2022. № 2.
P. 32-39.
DOI: 10.25136/2409-868X.2022.2.35338 URL: https://en.nbpublish.com/library_read_article.php?id=35338
Abstract:
The subject of the study was the updated part of the theoretical and legal heritage of the outstanding Russian lawyer of the late XIX - early XX century, professor, senator of the I Department of the Governing Senate Eduard Nikolaevich Berendts (1860-1930). In this article, the main attention was paid to the memoirs of E. N. Berendts about the work of the Governing Senate in the conditions of the revolutionary transformations of 1917, about the change in the system of public administration, about the transformations in the mechanism of the state in general and the state apparatus in particular, about the abdication of Emperor Nicholas II for himself and for the heir, about the legality of coming to power The Provisional Government. When writing the article, universal, general scientific (primarily systemic, structural and functional, modeling, forecasting methods), special (primarily sociological) and private (primarily formal legal, comparative legal, reconstruction and interpretation of legal ideas) methods were used. The scientific novelty is determined by the absence of comprehensive studies in domestic and foreign legal science devoted to the theoretical legacy of E. N. Berendts. The works of E. N. Berendts, which were not translated into Russian earlier, archival materials, which are being introduced into scientific circulation for the first time, are used. For the first time in historical and legal science, the analysis of E. N. Berendts' views on the role and place of the Governing Senate of the Russian Empire in the mechanism of the state, on the problems of the revolutionary transformations of 1917 and the subsequent changes in the work and functional purpose of the Governing Senate, on the formation and activities of the Provisional Government was carried out
Keywords:
revolution, abdication of power, Provisional Government, Supreme power, the mechanism of the state, state apparatus, administrative law, police law, Governing Senate, Berendts
Reference:
Aleksandrova O..
The peculiarities of process structuring on maritime trade affairs (δίκαι εμπορικαί) in the IV century BC
// Genesis: Historical research.
2021. № 12.
P. 302-309.
DOI: 10.25136/2409-868X.2021.12.36797 URL: https://en.nbpublish.com/library_read_article.php?id=36797
Abstract:
The subject of this research is the distinctive features of δίκαι εμπορικαί – special type of proceedings in the Athens People's Court of the IV century BC associated with maritime trade operations, which is of crucial importance due to the constant need of the Athenian State for imported grain. The main source for revealing the specificity of this type of proceedings are the speeches attributed to the remarkable Athenian orator Demosthenes: “Against Zenothemid”, “Against Apaturia”, “Against Phormio”, and “Against Lacrit”), as well as speech LVI ("Against Dionysodorus"). This topic is important for understanding the development of Athenian judicial system; however, it is virtually unstudied in the Russian historiography, except certain aspects in the works of L. M. Gluskina and L. P. Marinovich. The following conclusions are made: - A distinctive feature of δίκαι εμπορικαί processes was the participation of foreigners and possibility of challenging the decision by filing a protest; - They were announced to be held in a short period of time throughout the navigation period; - The case was considered on the basis of a written agreement, which had privilege over all other laws. Due to such favorable terms, Athens remained attractive city for conducting trade. The Emporiums were allowed to conclude permanent deals based on the Athens’s need for grain, as well as could count on the quick settlement of conflicts if such emerged. This is how the Athenian State solved the problem of bread delivery to the city.
Keywords:
sea trade, Trial, Demosthenes, dikai emporikai, Ancient Greece, Heliaia, Athens, Xenophon, Athenian democracy, demosthenes speeches
Reference:
Krichevtsev M.V..
Revision and cassation in French military courts of the late XVIII – early XIX centuries: on the legal nature of permanent councils of revision
// Genesis: Historical research.
2021. № 11.
P. 146-155.
DOI: 10.25136/2409-868X.2021.11.36953 URL: https://en.nbpublish.com/library_read_article.php?id=36953
Abstract:
This article contains material on the history of the Permanent Councils of Revision – bodies of military justice in France of the late XVIII – early XIX centuries, which is examined in the Russian historiography for the first time, as well as poorly studied in the French historiography. Leaning on the legislative acts and works of the French lawyers of that time, analysis is conducted on the procedure for the formation of the councils of revision, and determination of their judicial competence. The article also raises the question on correlation of the concepts of “revision” and “cassation” in French military justice of the end of revolutionary and post-revolutionary eras. Consideration of the provisions of French jurisprudence of the early XIX century allows concluding that the concept of “revision” could also include cassation of court judgments. Comparison of the permanent councils of revision, which carried out the functions of cassation of court decisions, with the Cassation Tribunal (in the imperial time – the Court of Cassation) did not allow to equate these bodies, which were created separately for military and civilian justice. Having a different procedure for the formation of bench of judges, the permanent councils of revision were granted the limited authority to conduct cassation and were not of equal importance to the Court of Cassation.
Keywords:
Court of Cassation, Tribunal of Cassation, Cassation, Revision, Permanent Councils of Revision, War Councils, Military Justice, The era of the Directory, Consulate, The First Empire
Reference:
Pletnikov V.S..
The Constitution of “developed Socialism” as an instrument of political-legal construction of reality
// Genesis: Historical research.
2021. № 10.
P. 19-27.
DOI: 10.25136/2409-868X.2021.10.36551 URL: https://en.nbpublish.com/library_read_article.php?id=36551
Abstract:
This article discusses the quality of constitutional-legal regulation and nature of the state of “developed socialism” based on comprehensive analysis of the text of the 1977 Constitution of the Soviet Union. The subject of this research is the target points enshrined in the Basic Law of the country and used for construction of the essential, institutional, functional-activity, normative-regulatory, and effective principles of the model of the state of "developed socialism". Such material allowed classifying the objectives specified in the 1977 Constitution of the Soviet Union, and determining the integrity of target-setting of the legislator in terms of state-building at the new stage of development of Soviet society. Using the model of the state as an instrument for cognizing state-legal life tailored to the needs of goal-setting of human activity, it is concluded that the 1977 Constitution of the Soviet Union is not qualitative instrument that ensures state-legal development of the country. A range of goals stated stipulated in the Basic Law of the country of 1977 duplicate similar provisions enshrined in the 1936 Constitution of the Soviet Union, and do not reflect the needs of the state of “developed socialism”. In view of the progressive goal reflected in the preamble of the 1977 Constitution, it has turned into the instrument of political-legal construction of reality.
Keywords:
political and legal construction, state of the whole people, state-legal construction, goal setting, goal of the Soviet state, USSR Constitution, state of developed socialism, model of the state, developed socialist society, communism
Reference:
Khubeshty A.F..
Drafting and passing of the Constitution of the Russian Federation in the conditions of confrontation between the legislative and presidential branches in 1993
// Genesis: Historical research.
2021. № 1.
P. 66-77.
DOI: 10.25136/2409-868X.2021.1.34920 URL: https://en.nbpublish.com/library_read_article.php?id=34920
Abstract:
The object of this research is the process of drafting and passing of the 1993 Constitution of the Russian Federation. The subject of this research is the political confrontation between the President and legislative authority in the context of elaboration of the basic law of the Russian Federation. The article employs the method of systemic analysis, which allows to gradually trace and analyze the events that determined the impossibility of adopting the Basic Law at the Congress of People’s Deputies of the Russian Federation. The author outlines the causes of confrontation between the President and the legislative branch, as well assesses the political situation, in which the new political system layered over the old, forcing the Congress of People’s Deputies and the Supreme Soviet of Russia to leave the political arena. The article reveals the conditions established in Russia in the 1990 – 1933 for the transformation of sociopolitical relations that allowed the President to take control over the initiative, which determined the political structure and the vector of socioeconomic development of the country. Based on the chronological analysis of the events, the conclusion is made that the likelihood of vast increase of the President’s role in the new political system was predetermined by indecisiveness of the legislative branch. The President and his team were able to implement in draft of the Constitution all their intentions balancing the presidential and parliamentary authorities.
Keywords:
the political system, Congress of People's Deputies, Parliament, President of the Russian Federation, The basic law, Constitution of the Russian Federation, Constitutional Conference, The Federal agreement, Government of the Russian Federation, the state Duma
Reference:
Krichevtsev M.V..
Life sentence as a type of criminal punishment in France of the late XVIII – early XIX centuries
// Genesis: Historical research.
2020. № 12.
P. 96-108.
DOI: 10.25136/2409-868X.2020.12.34714 URL: https://en.nbpublish.com/library_read_article.php?id=34714
Abstract:
This article questions the opinion established in modern French historiography on implementation of life sentence as a criminal punishment under the rule of Napoleon Bonaparte (in accordance with the Criminal Code of 1810). Leaning on examination of legislative, policy drafting, and court materials, the author traces the evolution of the system of criminal penalties associated with incarceration. and determines the role of life sentence therein – since the adoption of first criminal laws in the era Great Revolution until the revision Napoleonic Criminal Code in 1832, and the court of Peers under Louis-Philippe I. The acquires materials demonstrate that after long absence of the Consulate and Early Empire in the time of Revolution, life sentence was envisaged by the Criminal Code of 1810 as an alternative measure to penal servitude for life or deportation (for criminals of senior age), rather than an separate type of criminal punishment. Reference to the practice of the court of Peers during the Restoration and the July Monarchy suggests that life sentence became a separate type of criminal punishment only with the advent of verdict passed by Peers with regards to 1830 case of former ministers. This sentence was based on the combination of legislative and court functions in actions of the Chamber of Peers as higher justice authority, and thus was of constitutive nature. The conclusion is made that the implementation of life sentence in French criminal law should be attributed to the time of the July Monarchy rather than the ruling of Napoleon Bonaparte.
Keywords:
Chamber of Peers, Penal Code of France, punishment system, deprivation of liberty, hard labour, life imprisonment, Court of Peers, The Great French Revolution, First Empire, July Monarchy
Reference:
Pletnikov V.S..
Draft Constitution of the “Thaw” period: historical-legal analysis
// Genesis: Historical research.
2020. № 11.
P. 48-65.
DOI: 10.25136/2409-868X.2020.11.34331 URL: https://en.nbpublish.com/library_read_article.php?id=34331
Abstract:
The author discloses details of the work of the Constitutional Commission on the new Constitution of the Soviet Union in the period from 1961 to 1964. The list of members of the Constitutional Commission, persons responsible for the formation of constitutional values at the initial stage of building a communist society, and their reassignment to subcommissions is published for the first time. On the example of the activity of the subcommission on the questions of “Public administration, activities of soviets, and nongovernmental organizations”, the author describes the organizational aspects of its work and the nuances of functionality. Assessment is given to the organizing role of apparatus of the Presidium of the Supreme Soviet of the USSR with regards to elaboration of a number of articles for the new Constitution, through the prism of the form and content. The article leans on the materials preserved in the State Archive of the Russian Federation (Fund 7523. Register 131). The presented material is the result of summary of archival research previously not available to the broad academic community. It allows you to debunk the myths that developed after publication of some works and memoirs on the topic. The article illustrates the contribution of staff members of the Presidium of the Supreme Soviet of the USSR and a researchers to the creation of the first constitutional framework of the establishing communist society. The author also lists the actors who made considerable contribution to the development of basic constitutional values.
Keywords:
the USSR, drafting a constitution, USSR Constitution, thaw, subcommittee of the Constitutional Commission, constitutional commission list, Constitutional commission, constitutional structure, pre-project work, stages of constitution construction
Reference:
Chekushkina E.O., Tuguzhekova V.N..
Activity of the Prosecutor's Office of the Khakas Autonomous Oblast during the Great Patriotic War
// Genesis: Historical research.
2020. № 10.
P. 48-54.
DOI: 10.25136/2409-868X.2020.10.34066 URL: https://en.nbpublish.com/library_read_article.php?id=34066
Abstract:
This article is dedicated to examination of the activity of the Prosecutor's Office of the Khakas Autonomous Oblast during the Great Patriotic War, with involvement of the archival sources. The object of this research is the Soviet Prosecutor's Office in Khakassia; while the subject is the activity of the Prosecutor's Office of the Khakas Autonomous Oblast during the Great Patriotic War. The goal consists in the analysis of work of the Prosecutor's Office of the Khakas Autonomous Oblast during the wartime. The scientific novelty lies in systematization, generalization of materials on the topic, examination of the activity of Prosecutor's Office on the example of a particular region (Khakas Autonomous Oblast), as well as involvement of archival sources. The conclusion is made on contribution of the employees of Prosecutor's Office in supporting and aiding the front. In the conditions of wartime, the Prosecutor's Office of the Khakas Autonomous Oblast alongside Prosecutor's Office of the USSR as a whole, had to transfer its work onto the “wartime footing”, as well as deal with such activities as the struggle against desertion, protection of the rights of military families. Ensuring law enforcement on the home front was the key task of the Prosecutor’s Office.
Keywords:
activities of the procuracy, supervision, struggle against crime, war period, the Great Patriotic War, Khakass Autonomous Region, prosecutors, procuracy, judicial supervision, investigation
Reference:
Pletnikov V.S..
Formation of the model of state of the whole people in Soviet constitutionalism
// Genesis: Historical research.
2020. № 7.
P. 25-38.
DOI: 10.25136/2409-868X.2020.7.33555 URL: https://en.nbpublish.com/library_read_article.php?id=33555
Abstract:
The analysis of sources of ideological and normative character demonstrates the process of formation of perception on the state of the whole people within the Soviet legal science and practice. The boundaries of this research are defined through correlation of the concepts: image – model – theory. This allows focusing attention on the significant, system-forming sources of legal knowledge that emerged in the period of 1947-1964, rather than paying attention to separate mentions regarding the need for building the state of the whole people. The theory of the state of the whole people started to develop after L. I. Brezhnev came to power. The author determines the stages in formation of the model of state of the whole people, which were passed by the Soviet State in its development. The three stages in formation of the model of state of the whole people with their legal peculiarities and forms of manifestation were highlighted: - The first stage is associated with the development and preparation of the draft program of the All-Union Communist Party Bolsheviks in 1947; - The second stage is characterized by adoption of the program of the Communist Party of the Soviet Union in 1961; - The third stage is associated with the process of drafting the Soviet Constitution of 1964. Formation of the model of state of the whole people enables formation of the theory of state of the whole people, implemented with adoption of the 1977 Constitution of the Soviet Union.
Keywords:
draft Constitution of the USSR, CPSU program, draft Program of the CPSUb, model of the model of a, model of a, model in jurisprudence, the USSR, constitutional commission, public property, KPSS
Reference:
Borovkov P.S..
Appointment of the institution of pontificate in Ancient Rome in interpretation of Titus Livius: political-legal aspect
// Genesis: Historical research.
2020. № 5.
P. 70-80.
DOI: 10.25136/2409-868X.2020.5.31569 URL: https://en.nbpublish.com/library_read_article.php?id=31569
Abstract:
This article examines the passages of Titus Livius’ first book dedicated to the College of Pontiffs. The author provides arguments regarding the correlation between this fragment and more ancient narrative and documental sources dated back to pontifical weather notes and other priestly documents. Attention is focused on terminology of the ancient author applied for characteristics of legal prerogatives of pontificate, mechanisms of its cooperation with government authorities, provisions of archaic legislation on the questions of religious development of the Roman civitas. The work employs special legal and cross-disciplinary methods, which allowed carrying out an authentic reconstruction of the concepts, interpretation of the perceptions of the government, law and religion inherent to the political-legal thought of Ancient Rome. In interpretation of Titus Livius, the laws of Numa Pompilius on the priesthood manifests as sequential reforms aimed at the establishment of the institutions of administration and formation of public-legal relations in the archaic Rome. In combination with other ancient texts, the lore of Titus Livius on the appointment of pontificate can be carefully used as a starting point for retrospective research of the evolution of political-legal prerogatives of priesthood and establishment of the institutions of public law in Ancient Rome.
Keywords:
jus pontificium, sacra publica, roman law, civitas, priesthood, pontifex maximus, Numa Pompilius, collegia pontificium, Pontifex, Titus Livius
Reference:
Sheptalin A.A..
Genesis and establishment of the normative regulation of the institution of property in the primitive clan society
// Genesis: Historical research.
2020. № 5.
P. 52-69.
DOI: 10.25136/2409-868X.2020.5.31633 URL: https://en.nbpublish.com/library_read_article.php?id=31633
Abstract:
The subject of this research is the process of emergence and establishment of normative regulation of various forms and types of property in the kinship community. The object of this research is the normative regulation of property, usage of management of real and personal property at the stages of early and later kinship community in the historical dynamics. The goal consists in the attempt of approximate reconstruction of genesis, key stages and peculiarities of establishment of the normative regulation of initial forms and types of property based on the data of legal and economic anthropology. Research methodology is based on the anthropological concept of multilinear neo-evolutionism that allows accurate usage of materials on the synpolite primitive ethnoses for reconstructing the preliterate period overall, as well as different aspects of the genesis of state and law in particular. The novelty is defined by the fact that this topic has not previously become a topic of special examination within the Russian historiography. Using the wide variety of ethnological material, the author doubts the dominant in science representation of the primitive hypercollectivism, substantiates the emergence of complexly structures hierarchical system of property back at the stage of early kinship community, which was regulated by the ancient moral, religious and legal traditions – mononormativities. The consequences of Neolithic revolution are associated with the genesis of family property as the initial form of private property. Its establishment is demonstrated in the context of rights to real and personal property among the clans of economic-cultural types. The author believes that the formed in the Neolithic Age system of common law replaces the previously existing mononormativities in order to serve the new forms of property and socioeconomic relations in the stratified society that was moving towards the emergence of social classes and the state.
Keywords:
collective property, customary law, mononorm, genesis of property, kin community, primitive property, normative regulation of property, clan property, family property, genesis of private property
Reference:
Sumenkova M., Katomina V..
Administrative-legal measures in the fight against alcoholism in Russia: history and modernity
// Genesis: Historical research.
2020. № 5.
P. 81-95.
DOI: 10.25136/2409-868X.2020.5.32770 URL: https://en.nbpublish.com/library_read_article.php?id=32770
Abstract:
The goal of this research is the formation of conceptual foundation for administrative-legal regulation of fight against alcoholism, cognate with the development of practical recommendations aimed at increasing the efficiency of legal measures of overcoming negative consequences caused by consumption of alcohol beverages. The relevance of this work is determined by severity of the problems related to consumption of alcohol, and as a result, degradation of population, increase in mortality rates, destruction of moral and ethical values of the people, and aggravation of criminogenic situation. The Russian government has always used the administrative-legal measures to combat alcoholism. The object of this research is the social relations in historical retrospective that emerge, develop and transform under the influence of administrative-legal measures of combating alcoholism. The subject is administrative-legal measures of the government aimed at fight against alcoholism. The comparative-legal method allowed juxtaposing the legal measures implemented in prerevolutionary, Soviet and current legislation. The scientific novelty consists in articulation of the problem underlining the need for scientific analysis of administrative-legal measures of combating alcoholism at the domestic level and recommendations on its optimization. The major dilemma of administrative alcohol policy is that one the one hand, excessive liberalization of the consumption of alcohol beverages is the cause of alcoholization of population, while on the other – tightening of control measure leads to the increase of bootlegging, causing the drop in state revenue, as well as worsening of somatic and psychological health of the people.
Keywords:
a responsibility, public policy, detoxifier, wrestling, administrative measures, alcohol, alcoholism, compulsion, drunkenness, home brewing
Reference:
Sidorkin Y.V., Orlov D.V..
Police surveillance over prostitution as an intrinsic element of ethical discipline in the conditions of regulation
// Genesis: Historical research.
2020. № 4.
P. 20-31.
DOI: 10.25136/2409-868X.2020.4.32648 URL: https://en.nbpublish.com/library_read_article.php?id=32648
Abstract:
The authors examine the aspects of law enforcement practice of the local police authorities of the Russian Empire with regards to surveillance over prostitution in the conditions of its regulation since the late XIX century. Emphasis is made on analysis of the activity of police in Nizhny Novgorod Governorate, which was among the first alongside the capital to establish medical-police committee. However, attention is focused not on the sanitary control, but rather surveillance carried out by the police officers over prostitutes and persons involved in organization of prostitution, multiple administrative norms and rules regulating such activity. The research is based on dialectical method of cognition that allows examining police surveillance over prostitution in evolution and interconnection of all its manifestations. The events and facts related to the process of regulation of prostitution were studied in accordance with the principle of historicism, Formal-legal method was applies in analyzing the departmental regulatory legal acts and police law enforcement practice of surveillance activity. The authors’ main contribution consists in examination and introduction into the scientific discourse of archival sources that helped to restore the mechanism of surveillance activity, which includes a range of organizational measures of local police authorities over prostitution and its organization.
Keywords:
medical police committee, brothel, pandering, piety, prostitution, police surveillance, Russian empire, police, regulation, moral
Reference:
Cherkasova O.V..
Establishment of the principle of good faith in national civil law: historical, doctrinal and law enforcement aspects
// Genesis: Historical research.
2020. № 2.
P. 15-27.
DOI: 10.25136/2409-868X.2020.2.32101 URL: https://en.nbpublish.com/library_read_article.php?id=32101
Abstract:
The object of this research is establishment of the principle of good faith at different historical periods in the context of formation of various approaches in the doctrine and practice of civil law. Due to the absence of unanimity of opinions regarding the formation of moral-ethical categories within the national civil law, this scientific field is considered problematic and interesting for examination. The subject of this research is the historical, ideological and practical prerequisites that influenced the formation of concept of the principle of good faith in the national civil law. The scientific novelty consists in the proposed by the author principle of good faith in the historical, doctrinal and practical aspects, which leads to suggestion of future course of development of the principle of good faith in the national civil law by means of improving the current civil legislation. The conclusion is drawn that at the present stage the principle of good faith, despite the universality and crosscutting nature, initially forethought by the concept of development of civil legislation, should be concretized in the various civil legal relations, taking into account their peculiarities and specifics. Such type of circumstantiation of the general provisions of law would increase the possibility for introduction of corresponding amendments into the principle of good faith on the level of social norms.
Keywords:
judicial discretion, abuse of right, justice, principle of good faith, Genesis, Roman private law, the periodization of the civil law, moral categories, evaluation concept, civil legislation
Reference:
Parchenko N.A., Danilov I.B..
Legal and theoretical framework of economic zoning as a method of administrative-territorial reform of 1920-1923 in the Siberian region
// Genesis: Historical research.
2020. № 1.
P. 10-20.
DOI: 10.25136/2409-868X.2020.1.29772 URL: https://en.nbpublish.com/library_read_article.php?id=29772
Abstract:
The subject of this research is the analysis of theoretical and legal framework of economic zoning as a method implemented at the initial stage of administrative-territorial reforms in Russia during 1920-1923 in the Siberian region. As the legal framework, the author reviews and analyzes various legal and archival sources. The scientific basis of economic zoning contains the observation of authors covering this topic during the preceding period, as well as the materials of administrative commission and direct theoreticians of economic zoning. The scientific novelty consists in the use of a body of scientific, archival and legal sources in the context of the topic in question, which analysis in such extensive and profound form is presented for the first time. The main conclusion consists in the data on a significant amount of issues faced by a law enforcer under the particular historical circumstances. The indicated problems became the key factor of implementation by the Soviet government of the principle of economic zoning as the main method in carrying out the local administrative-territorial reform.
Keywords:
Siberian Revolutionary Committee, Сounty, Province, Economic specialization, Economic district, Administrative Commission, Economic zoning, Administrative-territorial reform, Local Councils, Economic department
Reference:
Maximova O.D..
The definition of law and lawmaking in psychological concept of M. A. Reisner
// Genesis: Historical research.
2019. № 12.
P. 166-173.
DOI: 10.25136/2409-868X.2019.12.31595 URL: https://en.nbpublish.com/library_read_article.php?id=31595
Abstract:
After the October Revolution, Russian undergone substantial effort on creation of the theory of Soviet law. One of the concepts developed in the 1920’s was the theory of M. A. Reisner, who leaned on the psychological theory of law of Leon Petrażycki and Marxism. Las was viewed as the phenomenon of psyche, but of separate classes (i.e. peasantry or workers) rather than of a separate individual. At the initial state of development of the Soviet law, this concept allowed to a certain extent explain the drastic changes experienced by the national law. Although lawmaking was assessed as the activity severely influenced by the government, the lawmaking in the Soviet State was considered as an organizing activity. Analysis is conducted on the main writings of M. A. Reisner outlining the conceptual grounds of the doctrine. The legal categories, through which he elucidated the concept of law and lawmaking are determined. This theory associates the division of law into public and private with the dominance of private property. The perception of state and law as a seamless unity is subjected to criticism. The conclusion is made that law is an ideological form, while lawmaking is a form of expressing common law, which is achieved and established by the state as a result of class compromise.
Keywords:
form of law, law and Marxism, Soviet law, legal ideology, psychological theory of law, lawmaking, law, intuitive law, positive law, common law
Reference:
Babintseva E.A., Ponomarenko L.V..
To the question on history of formation of the sanitary and nature conservation activity in Russia in the XVIII century
// Genesis: Historical research.
2019. № 12.
P. 77-82.
DOI: 10.25136/2409-868X.2019.12.31648 URL: https://en.nbpublish.com/library_read_article.php?id=31648
Abstract:
The object of this research is the sanitary-epidemiological measures in the context of history of nature preservation activity in Russia. The chronological framework covers the XVIII century, which became fundamental for the formation of legislative base in this area of study. The goal of this article consists in determining correlation of compliance with sanitary and hygienic standards with environmental well-being. The authors also explore the question of the relevant for Russian period of the beginning of combatting insanitary conditions. The plague epidemics of the 1700-1722 that reached Moscow is viewed as the central event affecting the development of sanitary measures. The authors analyze the pivotal historical events on the matter covered in the documents and writings of the scholars involved in studying the specificity of this topic. The scientific novelty consists in consideration of the problem at hand from the perspective of historical and legislative process of development of the state. Based on studying historical processes, the authors determine a direct correlation of flora and fauna with the maintenance of sanitary and epidemiological standard at the level of state control.
Keywords:
sewerage, plague epidemic, The Russian Empire, Moscow, ecology, Environment, epidemiology, sanitation, Moscow Police Chancellery, Catherine II the Great
Reference:
Gigauri D.I., Korovin K.S..
Revolutionary myth of “proletarian dictatorship” in the Soviet constitutional doctrine of 1918 and visual communication
// Genesis: Historical research.
2019. № 11.
P. 40-57.
DOI: 10.25136/2409-868X.2019.11.31215 URL: https://en.nbpublish.com/library_read_article.php?id=31215
Abstract:
This article is dedicated to representation of the myth of “proletarian dictatorship” in the Soviet constitutionalism. Having emerged in the XIX century, this mythologem experienced certain transformations as a result of targeted work of the party leaders, legal experts and scholars on creating the first Soviet constitution. Later, its ideological content received normative consolidation in legislation. A symbolic reflection of revolutionary myth became the national holidays, demonstrations, cinematography and theatre, banners and other cultural phenomena that contributed to formation of the new civil consciousness. The authors trace the origin of the concept of “proletarian dictatorship”, as well as its further evolution in Lenin’s doctrine on the state. The description of symbolic practices of representation of ideological framework of the Soviet revolutionary regime allows demonstrating the practical implementation of the new type of constitutionalism – the Soviet. The article substantiates the gradual arrangement of the idea of “proletarian dictatorship” as a fundamental myth of the early Soviet State, as well as examines its visual and communicative aspects. The novelty of this historical-legal research is defined by the use of interdisciplinary approach and comprehensive analysis of the Soviet national ideology. The conclusion is made that the legal ideas contained in the Soviet constitutional doctrine proliferate and reproduce through large-scale cultural manifestations that create revolutionary institutions and examples of civil behavior. At the same time, the myth of “proletarian dictatorship” serves as distinct cultural foundation for the new political legal regime that expresses the essence of the Soviet constitutionalism.
Keywords:
ideology, metanarrative, representation of power, myth, proletarian dictatorship, soviet constitutionalism, law doctrine, Lenin's state doctrine, soviet posters, state holidays
Reference:
Sheptalin A.A..
Genesis and establishment of the institution of inheritance in primitive clan society
// Genesis: Historical research.
2019. № 10.
P. 21-37.
DOI: 10.25136/2409-868X.2019.10.29223 URL: https://en.nbpublish.com/library_read_article.php?id=29223
Abstract:
The subject of this research is the set of factors and peculiarities of the emergence of institution of inheritance and its establishment in the late-clan community. The goal of this article lies in the attempt of approximate reconstruction of genesis and establishment of the institution of inheritance in primeval society at the stage of emergence and institutionalization of private property. The research objectives lies in determination of the key stages of genesis of the institution of inheritance; as well as in review of the types, forms, principles, limitations, heirs, economic and cultural specificity, and normative status of heritable property. Methodology is based on the concept of multilinear neoevolutionism that allows usage and generalization of ethnological materials on primitive societies for the purpose of reconstruction of preliterate past. The author introduces ethnological materials of the XVIII – early XX centuries that describe synpolite primitive tribes that retained a centuries-old way of life and were never exposed to a direct influence of civilization. The conducted research is highly relevant, since genesis of the institution of inheritance has not previously become the subject of particular consideration within the Russian legal science. The author examines the multi-stage evolution of the institute of inheritance on the examples of tribes of the various economic and cultural types and levels. In the context of emergence and development of the institution of matrimonial law, the article demonstrates the formation of two types of inheritance within the late-clan community: by law and by will. The first type suggest matrilineal transfer of the right of use of collective property to the immediate cognate relatives, as well as patrilineal transfer of intangible goods – privileges, posts, statuses, etc. The second type was applied to acquisition of private property, and made a difficult path of institutionalization and stage-by-stage expansion of the power of testation.
Keywords:
customary law, collateral inheritance, legal custom, succession, inheritance by will, primitive law, inheritance by law, kinship community, primitive society, institute of inheritance
Reference:
Ul'yanov M.V..
State of criminology at the turn of the 1920’s – 1930’s
// Genesis: Historical research.
2019. № 10.
P. 38-46.
DOI: 10.25136/2409-868X.2019.10.30008 URL: https://en.nbpublish.com/library_read_article.php?id=30008
Abstract:
This article is dedicated to the circumstances that directly affected the change of character of criminological research during the early 1930’s. Special attention is paid to the substantial contradictions between the representatives of the People's Commissariat for Justice and People's Commissariat for Internal Affairs of the Union of Soviet Socialist Republics (NKVD). The interministerial opposition also reflected in criticism of the work of the criminological establishments that were under the jurisdiction of NKVD. The paramount importance belonged to the dispute on studying criminal activity in USSR, organized in 1929 by the sector of state and law of the Communist Academy after publication of the article by S. Y. Bulatov “The Revival of Lombroso in the Soviet Criminology”. The conclusion is made that the changes that took place at the turn of the 1930’s in the field of studying criminal activity, were substantiated by a set of various circumstances, including rival for the leadership in the law enforcement system and dominance of different government agencies in the ideological sphere of society.
Keywords:
positive method, neolombrozianstvo, state institute, People’s Commissariat of Justice, NKVD, soviet criminology, criminological studies, Communist Academy, interdepartmental struggle, study of crime
Reference:
Zagorodnyuk N.I..
The peculiarities of organization of cultural and educational activity in Tobolsk special detention center (1924-1929)
// Genesis: Historical research.
2019. № 10.
P. 47-60.
DOI: 10.25136/2409-868X.2019.10.30819 URL: https://en.nbpublish.com/library_read_article.php?id=30819
Abstract:
The subject of this research is the cultural and educational work in Tobolsk special detention center (detention facility for political prisoners) during the 1920’s. The objectives and content are determine by the Penal Code of 1924. The organization of curricular and extracurricular activity in the extreme conditions of incarceration has its own peculiarities, associated with multiple factors: number of prisoners, incarceration conditions, material resources, qualified teaching staff, theatre administration, etc. The article explores the questions of organization of schools, libraries, educational, professional, literary, music, theatre groups, and prison theatre. History of this penitentiary facility is not fully covered in the modern historiography. Precepts of the Penal Code of 1924 pertaining to organization of cultural and educational work has not become the subject of special research. The administration of detention facility for political prisoners observed the formal aspect of the problem: created an educational-custodial division, opened a school, library, various interest groups, maintained a theatre, published a newspaper. Similar to other prisons in the country, the results of work were negatively affected by the weak resource base, lack of financing, teaching personnel and specially trained instructor for the professional training of prisoners. The extreme incarceration conditions required the development of new approaches and methods for accomplishing set objectives.
Keywords:
prison theater, prison school, prison newspaper, prison library, conditions of detention of prisoners, cultural and educational work, special purpose insulator, Criminal Executive code of the RSFSR, extreme everyday life, penitentiary system
Reference:
Vasilyeva E..
On the path of democratization: project of the cadet G. K. Guins on reform of the system of government in Siberia and rule of A. V. Kolchak
// Genesis: Historical research.
2019. № 9.
P. 24-31.
DOI: 10.25136/2409-868X.2019.9.29081 URL: https://en.nbpublish.com/library_read_article.php?id=29081
Abstract:
The subject of this research is the system of views of the prominent political leader of the period of Civil War, constitutional democrat G. K. Guins upon the nature of the political regime of A. V. Kolchak and ways to reform it. The goal consists in formulation of concept of democratization of the system of government established in Siberia in November 1918, based on the synthesis of assessments, propositions and remarks of the cadet. The project of G. K. Guins is unique for its integrity and is structured on the basis of profound analysis of the formed situation in the East of Russia. The author explores the essence of Kolchak’s regime and prerequisites for its reform; gives assessment to the proposal of rightwing and leftwing constitutional democrats of Siberia; as well as reveals the content of the project of G. K. Guins. The scientific novelty is defined by the fact that this article is first in Russian historiography considers the system of views of G. K. Guins upon the nature of Kolchak’s regime and ways to reform it an independent subject of research. The conclusion is made that G. K, Guin’s propositions on consolidation of power in the East of Russia during the rule of A. V. Kolchak were aimed at democratization of the established after the coup of November 18, 1918 regime, and suggested the creation of law-advisory council called to ensure business cooperation between the opposition, population and government.
Keywords:
cadets, body for discussion of laws, representative institution, dictatorship, political regime, democratization, system of the power, Civil War, Supreme ruler, reforming
Reference:
Sumenkov S., Sumenkova M..
Efficiency of the concept of state policy for prevention alcoholism among population of the Russian Federation: historical-legal analysis
// Genesis: Historical research.
2019. № 9.
P. 32-39.
DOI: 10.25136/2409-868X.2019.9.30804 URL: https://en.nbpublish.com/library_read_article.php?id=30804
Abstract:
The goal of this research is to analyze the efficiency of state regulation of the production and consumption of alcohol in Russian since the end of the XIX century until present, as well as develop practical recommendations aimed at the improvement of anti-alcohol policy. The relevance of this work is defined by the variety of interests and needs of people, impossibility of their total isolation from it, as well as the balance between the financial profit of the producers of alcohol beverages and government’s concern for public health. The object of this research is the social relations emerged on the basis of production and consumption of alcohol. Dialectical materialism was selected as the basic research method for more in-depth understanding of the essence and designation of legal regulation of alcohol consumption founded on rationalization of the presence of alcohol in different spheres of people’s life. Alcohol consumption and fight against alcoholism are the coexisting in unity and battle opposites, inseparable, but simultaneously mutually cancelling and intertwined phenomena. The use of statistical method allows correlating the quantitative and qualitative impact of alcohol consumption with the demographic situation. The scientific novelty consists in articulation of the problem on the efficiency of measures for regulation of alcohol consumption, as well as proposed methods for its optimization. The authors examine the questions of the efficiency of state regulation of the production and consumption of alcohol. Leaning on the historical material, the article analyzes the specificities of the current concept on reducing alcohol consumption. The authors summarize the experience on the fight against alcohol abuse in the imperial, Soviet and modern Russia; as well as substantiate the necessity of introduction of state monopoly on the production and sales of alcohol.
Keywords:
production, legal regulation, efficiency, sobriety, politics, concept, state, alcohol, sale, consumption
Reference:
Solomko Z..
“Shcheglovitovshina” as epiphenomenon of the Russian peripheral capitalism
// Genesis: Historical research.
2019. № 8.
P. 20-33.
DOI: 10.25136/2409-868X.2019.8.30521 URL: https://en.nbpublish.com/library_read_article.php?id=30521
Abstract:
This article is dedicated to the analysis of ontological aspect of such characteristic features of the Russian justice of the early XX century, which received the name of “Shcheglovitovshina”. Referring to the assessments given by the contemporaries to the activity of I. G. Shcheglovitov, the author disputes the subjective-idealistic understanding of this phenomenon as form of a private “excess”, first and foremost substantiated by the personal qualities and will of I. G. Shcheglovitov and other personas who defined the vector of judicial policy. At the same time, the research does not include the detailed reconstruction of specific historical manifestations of “Shcheglovitovshina”. Methodological tools contains the dialectic-materialistic method of cognition; concept of the dependent peripheral capitalism, particularly the conceptual apparatus of Y. I. Semyonov’s theory; ideas of V. I. Lenin, G. V. Plekhanov, L. D. Trotsky; as well as the traditional general scientific methods of research. The author believes that the systematic manifestations of the various types of legal arbitrariness in the work of Russian justice of the indicated period should be considered as a consistent epiphenomenon of the dependent peripheral-capitalist economy. The important determinants of “Shcheglovitovshina” were the inherent to the societies of the dependent peripheral capitalism at a minimum dual – internal and external – system of exploitation of non-dominant classes, noneconomic coercion to labor in the economic sphere, as well as overall crisis in the system of the Russian peripheral capitalism. The ideas substantiated in the article allow clarifying the understanding of development patterns of the Russian justice of the late XIX – early XX centuries and prerevolutionary Russian law order in general.
Keywords:
politarism, dependent peripheral capitalism, law and order, legality, pre-revolutionary post-reform justice, the rule of law, legal arbitrariness, politics, Marxism, subjective idealism
Reference:
Ryzhkova E.A..
Genesis of the concept of “budget” in the countries of the Arab East
// Genesis: Historical research.
2019. № 7.
P. 30-39.
DOI: 10.25136/2409-868X.2019.7.30301 URL: https://en.nbpublish.com/library_read_article.php?id=30301
Abstract:
Budget is the key concept of financial system of any country and reflects its socioeconomic policy. The absence of the uniform understanding of budget as a phenomenon necessitates to trace the process of its legislative establishment and adaptation, particularly in the countries of the Arab East, which have walked a centuries-long path towards regulation of budget relations that has a number of striking features. The goal of this work is to determine the importance of reception of the concept of “budget” in the Arab countries. Determine its consequences for the development of budget relations in the countries of the region. This study is first to explore the institution of budget in the countries of the Arab East in a historical retrospective. The conducted analysis allows concluding that the reception of the concept of “budget” did not lead to modification of the content of budget relations, but rather consolidated the achievements of the countries of the Arab region with regards to their regulation.
Keywords:
Bayt al-mal, diwan, the Tanzimat, Zakat, Islamic law, Arab World, treasury, budget, Bayt al-hassa, Caliphate
Reference:
Bykov A.V., Bykova A.G..
Legal regulation of penalties for disciplinary offences conducted by police officials of the Russian Empire (second half of the XIX – beginning of the XX century)
// Genesis: Historical research.
2019. № 6.
P. 80-88.
DOI: 10.25136/2409-868X.2019.6.28327 URL: https://en.nbpublish.com/library_read_article.php?id=28327
Abstract:
The state of discipline and lawfulness in the activity of government bodies, including the internal affairs division, and measures of their support, counting penalty for committing violation by discipline, have always been of great importance. Examination of the historical experience of the development of legislation regulating the application of sanctions for official misconducts and disciplinary offences is relevant and allows determining the sources of the current state of this sphere of regulation. The subject of this research is the relations associated with the violation by the police employees of service discipline in prerevolutionary Russia. The goal of this work lies in studying the issues of statutory regulation of brining he police officials to disciplinary responsibility. The author analyzes the regulatory acts contained in the Complete Collection of Laws of the Russian Empire, and published results of scientific activity. At the same time, the author notes that the modern national science does not give as due attention to examination of responsibility of the police officials as to legal regulation of responsibility of the civil service officials overall. The article determines a set of issues and flaws in legal regulation of disciplinary responsibility. The conclusion is made on the need to pass in the end of the XIX – beginning of the XX century of the new normative legal act regulating the responsibility of the police officials for committing disciplinary offences based on the existing experience. The absence of such legal act and archaic nature of the existing norms negatively influenced the efforts on enforcing discipline. The presented results may be used in conducting scientific research and preparing educational learning materials.
Keywords:
police ranks, civil service, punishment, police, disciplinary responsibility, legislation, the Russian Empire, history, the Code of punishment, bureaucracy
Reference:
Yashchuk T..
The activity of Legal Commission of the Council of Ministers of USSR with regards to systematization of legislation
// Genesis: Historical research.
2019. № 6.
P. 89-102.
DOI: 10.25136/2409-868X.2019.6.29746 URL: https://en.nbpublish.com/library_read_article.php?id=29746
Abstract:
The subject of this research is the exercise of powers of Legal Commission of the Council of Ministers of USSR with regards to systematization of Soviet legislation. The author determines the reasons for its establishment, describes the institutionalization process of the Legal Commission, its genetic affinity to a number of commissions dealt with systematization of legislation during the 1920’s. The subject of this research is particularized with chronological framework. The author analyzes the entire period of operation of the Commission, since the organizational activities in 1956 and until the delegation of authorities to the Ministry of Justice of USSR in 1970. The research methodology contains the methods of historicism, formal-legal, and functional. The article examines the arrangement and activity of Legal Commission from the perspective of historicism due to democratization of the political regime and state apparatus reform. The formal-legal method allows identifying and analyzing the core regulatory acts that establish the inner structure and powers of the Legal Commission. The functional method is used for characterizing the key vectors in the activity of Legal Commission on systematization of legislation. The scientific novelty consists in determining a status of Legal Commission of the Council of Ministers of USSR, which due to abolition of the Ministry of Justice of USSR, centralized its fundamental functions on systematization of legislation, and partially the lawmaking functions. The author underlines its role in the developing sectoral framework of the national legislation, finding outdated acts and their further abrogation, comprising the chronological collection of legislative acts and government decisions of the Soviet Union, followed by systematic collection.
Keywords:
branch of legislation, systematization of legislation, codification, Soviet law, lawmaking, legislation, history of law, history of soviet legislation, types of systematization, soviet period
Reference:
Menshikov M.S., Yusupov R.G..
Development of the Bashkortostan Higher School of Law in the context of national historiography of the Russian reforms of 1991 – early 2000’s
// Genesis: Historical research.
2019. № 2.
P. 28-37.
DOI: 10.25136/2409-868X.2019.2.29214 URL: https://en.nbpublish.com/library_read_article.php?id=29214
Abstract:
This article is dedicated to the question of historiographical mastery of the topic of state policy of the Republic of Bashkortostan in the area of modernization of the higher legal education at the turn of the XX-XXI centuries. The goal of this research lies in substantiation of the scientific significance and relevance of conducting a comprehensive historical study that reveals the process of institutionalization and activity of the system of the Bashkortostan Higher School of Law in the context of contemporary history. The subject of this research is the establishment of national historiography of the higher legal education in Bashkortostan. The authors examine several problematic and thematic levels of historiosophical material – from general questions of state educational strategy to the history of particular universities and their departments. The scientific novelty consists in the analytical overview of national historiography of state policy in the area of the Bashkortostan Higher School of Law at the turn of the XX-XXI centuries. It is concluded that in the late 1990’s – 2010’s there have formed the body of scientific literature that comprises the theoretical and factual basis for the emergence of objective representations on the historical experience and the results of development of the professional education in Russia within the framework of contemporary history. At the same time, the topic of modernization of the Bashkortostan Higher School of Law did not receive proper coverage in the historical research. Therefore, the study of historical experiences of implementation of state policy with regards to the development of higher legal education in Bashkortostan during the 1991 – 2000’s is a relevant scientific task, which solution is maintained by the historiographical, archival, and published historical sources.
Keywords:
higher legal education, law faculties, Russian higher school, educational policy, Russian reforms, historiography of the Republic of Bashkortostan, historiography of national history, universities of Bashkortostan, academic science of Bashkortostan, Bashkir State University
Reference:
Pastushenko A.A..
Criminal liability for unlawful use of budget funds in accordance with the Russian Penal Code of 1845
// Genesis: Historical research.
2019. № 1.
P. 41-46.
DOI: 10.25136/2409-868X.2019.1.26678 URL: https://en.nbpublish.com/library_read_article.php?id=26678
Abstract:
The subject of this research is the questions of criminal liability in accordance with the Russian Penal Code of 1845 for violations, the object of which is the social relations established in terms of the use of budget funds. The author comprehensively analyzes the Penal Code of 1845 for determining regulations that form the mechanism of legal protection of budget funds, particularly from the infringement of public officials, as well as conducts their systemic research and comparison. In the course of this study, the following methods were applied: historical-legal, comparative-historical, comparative-legal, formal-logical and systemic. The specific characteristics of such criminal law standards are described. The conclusion is made on the presence in the Russian Penal Code of 1845 of the ramified system of penal prohibitions in the financial-budgetary sphere. The author concludes on the possibility of use of the separate regulation of Penal Code of 1845 in the current criminal law of the Russian Federation.
Keywords:
responsibility, penal code, misuse, criminal law, code, budget, misappropriation, budgetary funds, punishment, financial infringements
Reference:
Rakhimova G..
Roman Law in England: history of influence demonstrated in the Constitutions of Clarendon of 1164
// Genesis: Historical research.
2018. № 12.
P. 81-91.
DOI: 10.25136/2409-868X.2018.12.26623 URL: https://en.nbpublish.com/library_read_article.php?id=26623
Abstract:
This article examines the history of English Law and the impact of the Roman legal tradition upon its evolution. In order to determine the level and depth of such influence, the author attempts to comprehensively analyze the combination of historical records, legislative bills of England and studies of the historians of English Law, who in his opinion, testify to the profound infiltration of the Roman legal culture into the English. The author particularizes the essential and formal indications of the impact demonstrated in the Constitutions of Clarendon of 1164 as an example of England’s Law of the Anglo-Norman era. A conclusion is made that the Constitutions of Clarendon, likewise the historical mirror, confirm the search for systemic approaches in establishment of English Law namely in the Roman legal culture. The fact that English Law formed its concept and mechanism on the basis of the Roman legal tradition and Christian religion, testifies in favor of the historical and essential relation between the Anglo-Saxon and Continental legal systems, which questions the substanuation and purposefulness of the traditions of their contradistinction.
Keywords:
standards of British justice, origins of common law, ecclesiastical jurisdiction, Roman law influence, Henry II, trial by jury, Anglo-Norman justice, common law, continental Law, Constitutions of Clarendon
Reference:
Kodan S.V..
Methodology of historical-legal source studies: goal orientations, functional focus, level of organization of cognitive resources
// Genesis: Historical research.
2018. № 12.
P. 67-80.
DOI: 10.25136/2409-868X.2018.12.28474 URL: https://en.nbpublish.com/library_read_article.php?id=28474
Abstract:
This article presents the original perspective on the fundamental problems of understanding of goal orientations, functional designation, and methodological structure of the historical-legal source studies. Leaning on the general philosophical comprehension of methodology and the approaches towards definition of methodology in the historical source studies and legal science, the author focuses attention of the place, role and peculiarities of methodology as the tool for studying the carries of state legal information. Attention is also given to the overall arrangement of methodological material based on determining the levels as the model of specialized historiographical methodological knowledge. The five levels-subsystems of methodology of studying the carriers of state legal information are described: methodological principles, methodological approaches, specific scientific methods, methods and technique of research. The scientific novelty of this article consists in the fact that its materials are aimed at generalization and systematization of theoretical knowledge of methodology of the historical-legal source studies as a system of knowledge, cognitive coordinated and instrumental foundation for studying the types and varieties of information carries on the history of state and law.
Keywords:
methodological approach, methodological principle, levels of methodological knowledge, methodology of source studies, methodology of scientific knowledge, historical legal source study, historical source studies, specific scientific methods, research methods, research technique
Reference:
Kodan S.V..
Classification of sources on the history of Russian state and law: theoretical approaches, classificatory foundations, characteristic of the types
// Genesis: Historical research.
2018. № 11.
P. 31-44.
DOI: 10.25136/2409-868X.2018.11.27995 URL: https://en.nbpublish.com/library_read_article.php?id=27995
Abstract:
This article is dedicated to one of the insufficiently studied problems within the historical-legal source study – the classification of sources on the Russian state and law. The attention is focused on the theoretical approaches towards determining the peculiarities of the sources of knowledge on the state-legal phenomena and institutions in the historical projection. The article provides general characteristics of the types and varieties of the carriers of state-legal information that manifest as the sources of establishment and development of state and law in Russia. Methodology leans on the approaches to classification of sources that established in the historical source study applicable to the specificity of studying the carriers of historical-legal information. The scientific novelty consists in the proposed concept of classification of sources on the history of state and law based on the theoretical approaches of historical source study, applicable to understanding of the nature of government administration and normative regulation. The proposed classificatory scheme is defined by the need of including into the scientific discourse of a broad range of information carriers that allow exceeding the limits of positivist approach within the historical-legal research.
Keywords:
types sources, classification of legal sources, historical and legal source Studies, grounds for classification of sources, classification of historical sources, historical source Studies, history of Soviet law, history of the Soviet State, specific characteristics of the sources, the variety of legal sources
Reference:
Dmitriev A..
Rules on the tolerance of Masonry in the Russian Empire of 1811: historiographical analysis
// Genesis: Historical research.
2018. № 7.
P. 26-56.
DOI: 10.25136/2409-868X.2018.7.25601 URL: https://en.nbpublish.com/library_read_article.php?id=25601
Abstract:
The relationship between the government and Masonic lodges have always aroused genuine multifaceted interest. The goal of this research is to provide a historiographical analysis to the enclosure “Lit. A” to the note of special clergy of the Police Ministry. The author establishes the authenticity of the source and precision of the data contained within, as well as the year, title, legal value, purpose, completeness and meaning of the source. The foundation for this study served the works on the source started by V. I Semevsky, G. V. Vernadsky and A. I. Serkov. The author compares the rules of 1811 and the Decree of Prussian King of 1798; demonstrates the meaning of the rules for the legislative regulation of the activity of Mason lodges; and provides the historiographical analysis of the rules of 1811. The introduction of rules served as an example of the Russian version of modernization of the legislative regulation of Masonry.
Reference:
Sokolova E.S..
On gnoseological potential of the personal worldview factor in the historical legal research of supra-state problematic: on the example of political legal realities of the late XVII – early XVIII centuries
// Genesis: Historical research.
2018. № 7.
P. 7-25.
DOI: 10.25136/2409-868X.2018.7.25905 URL: https://en.nbpublish.com/library_read_article.php?id=25905
Abstract:
This article is dedicated to the estimation of gnoseological importance of identification of the determinant role of the Russian political elites of Modern Time in terms of institutionalization of the Russian autocracy and establishment of the supra-estate political regime of authoritarian type. Based on the synthesis of the political legal, sociocultural and micro-historical approaches towards studying the carriers of legal information of the period of the state legal reforms of Peter the Great, the author is able to trace the evolution of his theoretical views upon the nature and concept of the nominal decrees. The author believes that the focus of Tsar aimed at activation of the regime of lawfulness was a result of interaction between the “patrimonial” traditionalism, penetration onto the Russian soil of the theoretical-legal constructs of the European Enlightenment based on the doctrine of state paternalism, and the pressing need of political practice in establishment of the model of the professional legal consciousness of officialdom founded on the ideal of the “public good”. On the example of reconstruction of the doctrinal bases underlying the separate decrees of legislative character, aimed at modernization of the political legal and administrative practice of the Russian State of the studied period, the conclusion is made their paternalistic orientation was mediated by the idea on the absence of legal limitations of the will of autocratic monarch, common to an old-Moscovian[WU1] legal consciousness affected by a set of historical and sociocultural factors. Thus, the pragmatic interest of the ruling elite towards the consolidation of law and lawfulness encouraged not only the exaltation of monarch over the nationals and formation of the supra-estate model of authoritarian political regime, but also the contributed to the development of legal nihilism at the various social levels, which by the beginning of 1720’s got tired of the costs of Peter the Great’s modernization and the cause by it crisis of the political system of Russian Empire. [WU1]
Keywords:
the legal consciousness of the elite, institutions of autocracy, authoritarian political regime, the reforms of Peter I, political and legal approach, historical and legal science, personal and ideological factor, the rule of law, legal nihilism, the supra-estate monarchy
Reference:
Egorov N.Y..
I. T. Tarasov on the limits of government intervention into the public life in terms of realization of the social function
// Genesis: Historical research.
2018. № 6.
P. 57-65.
DOI: 10.25136/2409-868X.2018.6.25489 URL: https://en.nbpublish.com/library_read_article.php?id=25489
Abstract:
The subject of this research is the actualized part of theoretical-legal heritage of the prominent Russian lawyer of the late XIX – early XX century Ivan Trofimovich Tarasov (1849-1929); his representations of the specificities of realization of social function of the state; correlation of the police, legal, and social states; concept of the social state; potential government intervention and its limits into the various spheres of public life in solution of the socially important issues; as well as maintenance of the balance between exercising the social function and ensuring the human rights and freedoms. The methods of interpretation of the legal ideas and normative legal acts were used in the course of this work. The contemporary legal science has not yet performed a comprehensive problem-theoretical reconstruction of the theoretical-legal heritage of I. T. Tarasov. Leaning on the achievements of the Western European and Russian police-legal theory, I. T. Tarasov determined the circle of paramount issues that are subjected to solution in terms of establishment of the social state and execution of social functions. I. T. Tarasov was one of the first national police scientists who raised a question about the reasonable limitation of government intervention into the public life, as well as the need for determination of the mechanism of such intervention and its legislative consolidation. Such ideas proposed by I. T. Tarasov were revolutionary for his time.
Keywords:
the rights of the individual, the limits of state intervention, state interference, the social function of the state, the social state, the rule of law, the police state, Tarasov, the restriction of the rights, and Russian police
Reference:
Beznosova Y.V..
Means of fulfilling obligations in Ancient India (on the materials of dharmasastra)
// Genesis: Historical research.
2018. № 4.
P. 14-19.
DOI: 10.25136/2409-868X.2018.4.24682 URL: https://en.nbpublish.com/library_read_article.php?id=24682
Abstract:
The subject of this research is the legal represenations of Brahmanism of procedure for regulating the mean of fulfilling obligations, and the reflected in religious-philosophical and ethical treatises – dharmasastra, of Manu Yajnavalkya, and Narada. Legal terms of Manu dharmasastra have repeatedly become the subject of analysis in examination of one or another aspect of legal regulations of obligatory relations in Ancient India; while the insufficiently studied in the Russian historical legal science dharmasastra of Yajnavalkya, and Narada in the indicated context are studied for the first time. The conducted analysis of the sources allowed concluding that the norms of dharmasastra equally protected the rights of a debtor-pledger and creditor-pledge holder. The rights of pledger were guaranteed in particular by the positions on responsibility of a creditor in case of the use of collateral against the wished of the pledger, as well as the cases of irresponsible treatment of the object of collateral, which resulted in its damage or loss. At the same time, dharmasastra ensured the rights of the creditor, enabling him to retain the collateral if the debt was not returned in double the amount, which eliminated prolongation of the fulfilment of obligations for an indefinite period of time.
Keywords:
Manu, dharmasastra, law, dharma, guarantee, collateral, Ancient India, Yajnavalkya, Narada, loan agreements
Reference:
Levakin I., Yurtaeva E..
“Economic constitutions” in the context of evolution of the states and peoples
// Genesis: Historical research.
2018. № 4.
P. 20-43.
DOI: 10.25136/2409-868X.2018.4.24782 URL: https://en.nbpublish.com/library_read_article.php?id=24782
Abstract:
The subject of this research is the experience of origination, initial consolidation and historical development of the constitutional legal regulation of economy, fundamental economic-legal phenomena and economic rights in the national constitution of the world’s states. The goal of the work is to demonstrate the common and exceptional methods of legal mediation of economic development, determine the legal peculiarities of establishment of the material being of states and peoples, assess the political legal conditions for structuring of the constitutional “carcass” of economic life of the states and peoples. Alongside the basic historical-comparative method, the author used the systemic, logical, and normative-value approaches. The application of the indicated methods, as well as the specific, synergetic, and methodological ideas allowed revealing the objectively conditioned sustainable trends of legalization of economic pretensions, and detect the random processes that historically found reflection in constitutional regulation. As a result, the authors determined the potential and constructive capabilities of legal solution of the economic-social tasks, ensuring of legal forms of economic management, stabilization and development of economic routine. The scientific novelty consists in conclusion that the constitutions of states, as well as the system of national legal regulation overall, is a procreation of its era, serve as the reflection of the relevant placement of social forces, and manifest as an “economic portrait” of the state in a specific life cycle of the politically organized society.
Keywords:
constitutions of European states, human rights guarantees, economic rights, valid constitution, way of economic life, economic aspirations, economic interests, constitutionalism ethics, concept of economic constitution, constitutions of Latin American states
Reference:
Pletnikov V.S., Pletnikova M.S..
Institution of compensation for moral damage caused by a crime in criminal procedure: stages of formation and specificities of normative consolidation
// Genesis: Historical research.
2018. № 1.
P. 1-9.
DOI: 10.25136/2409-868X.2018.1.22611 URL: https://en.nbpublish.com/library_read_article.php?id=22611
Abstract:
The object of this research is the social relations established in the process of state legal development of institution of compensation for moral damage. An attempt is made to trace the path made in the process of normative regulation before the legislator systematized the legal material that in one or another way deals with questions of compensation for moral damage, and has emerged as an independent interdisciplinary legal institution. Special attention is given to the normative sources, the analysis of which allows determining the key stages of development of the indicated legal institution. The article also examines the origination of academic polemics within the framework of the claimed vector of research. Particular place is given to the legal modeling, historical-legal method, and various approaches towards interpretation of law. The scientific novelty of consists in the fact that based on the analysis of the publicly available normative sources, were identified the key stages of development of such legal institution as the compensation for moral damage. The key stages of development of the interdisciplinary legal institution of compensation for moral damage include: the emergence of norms that regulate certain aspects of compensation for moral damage, and their accumulation (formation of the principles and requirements to compensation for moral damage due to committing a criminal action); systematization of legal norms that regulate the questions of compensation for moral damage and deviation from the comprehension of compensation for moral damage as the means used in criminal legislation, while its consolidation as the method of protection of civil rights; normative registration of the interdisciplinary legal institution of compensation for moral damage, through rejection and revival within the new state legal realities.
Keywords:
moral suffering, verbal abuse, dishonor, offense , crime, compensation for moral damage, moral damage, physical suffering, insult, interdisciplinary institution
Reference:
Nasibullin R.A..
“Definitive fight for eliminating all the consequences of counterrevolutionary distortions on the theoretical legal front in the shortest possib
“Definitive fight for eliminating all the consequences of counterrevolutionary distortions on the theoretical legal front in the shortest possible time ... “: 1937 at Sverdlovsk Law Institute
le time ... “: 1937 at Sverdlovsk Law Institute
// Genesis: Historical research.
2018. № 1.
P. 67-78.
DOI: 10.25136/2409-868X.2018.1.22790 URL: https://en.nbpublish.com/library_read_article.php?id=22790
Abstract:
This article examines the initial stage of the political campaign aimed at “liquidation of consequences of counterrevolutionary distortions in the theoretical legal front” in the USSR and Sverdlovsk Law Institute In March of 1937. This battle resulted in seizing from the institute library of the works of repressed authors; dismissal of the lecturer of Soviet State Law P. A. Gordeev “for perversion in teaching”; on March 16-19 of 1937, holding a meeting of the Institute teachers and students, participants of law school and law courses, employees of court and prosecutor’s office for discussing a situation “on the theoretical legal front”; revision of curriculum and learning materials of the institute; increasing control of the departments and educational sector over delivering lecture and classes. The author analyzes a special opinion of the Professor S. F. Kechakian of May 15, 1937, on resolution of the general meeting. The unpublished archival documents and materials of the Ural State Law University and the State Archive of Sverdlovsk Region are introduced into the scientific discourse. Two addendums from previously unpublished documents from the State Archive of the Sverdlovsk Region, prepared for publication by the author of the article, are attached to the research.
Keywords:
Pavel Andreevich Gordeev, dismissal, seizing, counterrevolutionary distortions, marxism, legal front, Pashukanis school, Sverdlovsk Law Institute, meeting, Stepan Fedorovich Kechakian
Reference:
Krasnyakov N.I..
Central Asian vassal-dependent khanates in the vicegerent government of the Imperial Russia
// Genesis: Historical research.
2018. № 1.
P. 28-45.
DOI: 10.25136/2409-868X.2018.1.23762 URL: https://en.nbpublish.com/library_read_article.php?id=23762
Abstract:
This article analyzes the geopolitical situation of the middle of the XIX century, when the Central Asian question began to hold an independent place in the Eastern direction of Russian geopolitics. It is emphasized that continued importance of this vector is expanding the boundaries of the Empire was determined not as much by the interests of industrial and trade development, but the need for sustainable impact upon the states of the Asian Region. The role of the army is underlined as a military and political guarantor and administrative personnel base of advancing the prestige of the Russian state in relation to polyethnic feudal principalities and khanates of the region. The author argues the position that in the management of Turkestan used the available experience in operation of the administrative systems aimed at organization of compound society in the Caucasus. Attention is focused on the broader competence of the governor-general of the region already at the initial period of integration than among the acting in accordance with the general rule regional governors, as well as in making the more independent decisions directly on the spot and lesser reliance on the center. The author highlights the trends of integration and unification in the administrative-regulatory system with the adoption of the Provisional Statute on Administration in Turkestan Region in 1886, which established the fundamental principles of justice, land tenure and land use systems, taxation, political and administrative structure. The main conclusion consists in the fact at the beginning of the XX century the administration retains its form; the modernization of administrative system in the region on the background of the need for reform of the overall provincial structure of the Russian Empire did not receive the essential resources.
Keywords:
public institutions, bureaucracy, region, state structure, Russia, governorship, Empire, administrative policy, reforms, polyethnic society
Reference:
Konovalov I.A..
Political legal status of the indigenous population of Siberia in the “Statute on Alien (Inorodsty) Administration” of 1822
// Genesis: Historical research.
2018. № 1.
P. 20-27.
DOI: 10.25136/2409-868X.2018.1.23772 URL: https://en.nbpublish.com/library_read_article.php?id=23772
Abstract:
The object of this research is the legal policy with regards to indigenous peoples of Siberia in the XIX century. The subject of this research is the organization of local administration and legal status of the natives in accordance with the “Statute on Alien (Inorodsty) Administration” of 1822”. The scientific novelty consists in the escalated interest towards the history of local administration among the indigenous peoples of Siberia; it is caused not only by the desire of historians to have a more profound look into the past, but specifically practical needs. Referring to the forgotten traditions of administration it is important to consider the extensive historical experience acquired over the centuries. It is also useful to have a new perspective on the known facts and events in order to overcome the old myths and deceptions, as well as prevent the emergence of new. Special attention is given to structure and organizational legal questions of the work of local self-governance of the indigenous peoples of Siberia, its cooperation with the local administrative and police bodies. The author concludes that the administrative bodies of the indigenous peoples of Siberia were formally included into the system of local institutions of state power. They differed from the state authorities only in the form of organization, conditions, and nature of activity. In the course of reform of the administration of native population of Siberia, the crown administration acted very cautiously, considering the Siberian specificity to the fullest. In this regard, the governmental approach can be viewed as a regional component of the Russian imperial administrative policy.
Keywords:
peoples of Siberia, national policy, governor, administration, self-governance, History of Siberia, system of government, policemen, power, reform
Reference:
Filonova O.I..
The status of the judge and the personnel policy of the formation of the corps of judges during the new economic policy period
// Genesis: Historical research.
2018. № 1.
P. 60-66.
DOI: 10.25136/2409-868X.2018.1.23773 URL: https://en.nbpublish.com/library_read_article.php?id=23773
Abstract:
The subject of this study is judicial body of the New Economic Policy period (1921-1929). The author examines such aspects of the topic as the legal and non-legal components of the status of a judge, mechanism of formation of judicial body, and judges personnel during the New Economic Policy period. Particular attention is paid to the legislative foundations of the status of Soviet judge, principles and peculiarities of human resource policy in formation of judiciary, as well as problem of legal education. Based on the archival data, the author analyzes the dynamics of composition of the judiciary, as well as describes a portrait of a Soviet judge of the 1920’s. Methodological basis consists in the system approach, which allows exploring the judiciary as such alongside within the state mechanism in the context of the political system of Soviet society. The main conclusions lies in determination in the status of a judge of legal components (age, social status, work experience, absense of criminal record, institution of responsibility, guarantee of judicial immunity), and non-legal (membership in the Communist Party, adherence to its policy). Author’s special contribution to the research lies in the analysis of the human resource policy mechanism in formation of the judiciary, as well as its results, reflected in court personnel. The scientific novelty is defined by the comprehensive approach towards the indicated problematic.
Keywords:
Judicial reform, People's judge, Human resource policy, New Economic Policy, Legal education, Status of a judge, Judicial body, Court, Election of judges, Disciplinary responsibility
Reference:
Diulina O..
Basic social and legal characteristics of customary law of the nations as factors of its integration into the legal system of the Russian Empire (XVII – XIX centuries).
// Genesis: Historical research.
2018. № 1.
P. 10-19.
DOI: 10.25136/2409-868X.2018.1.23997 URL: https://en.nbpublish.com/library_read_article.php?id=23997
Abstract:
Legal policy of Russia throughout the period of the XVII-XIX centuries was directed particularly towards creation of legal mechanisms of integration of the customary law of peoples of Moldavia and Wallachia, Livonia, Courland, Governorate of Estonia, and Little Russia into the legal system of the Empire. The law of the affiliated people was based on the distinctive legal tradition. Legal policy of the Russian Empire in relation to law of the indicated peoples was formed in accordance with common to their custom peculiarities. As a prerequisite for formation of the vectors of legal policy, the article takes into account the legal regime of customary law that has already existed in Russia prior to integration. The object of this research is the customary law of the affiliated peoples as an integrable part of the general system of law of the Russian Empire. The subject of this study is the fundamental characteristics of customary law (content of norms and origin of sources), which manifested as the factors of influence upon the measures of integration character taken by the government. The author examined the materials on the origin of customary law sources, content of its norms and acting system of customary law, as well as pursued correlation of the acquired conclusions with the integration actions of the Russian legislator. This allowed making a conclusion on the degree of impact of the integrated law upon the political and legal status of the national borderlands. Relevancy of the study consists in the elevated scientific and practical interest towards the integration processes in law, including as a part of legal policy. The scientific novelty lies in the fact that the legal phenomenon of integration of law is relatively unstudied aspect of history and theory of the Russian law. Generalization of the Russian experience in solution of the integration issues over the indicated timeframe can enrich the theory of law and legal practice. The work reveals that the legal nature of customary law, considering the goal of legal policy of the Russian government, became the positive determinant in the course of integration, being favorable for retention of legal force and creation of the special legal regime of the customary law of nations. Thus the peculiarities and differences with the Russian customs in historical origins, content and form of consolidation of customary rules, did not become an obstacle in the integration process, but rather contributed to securing the special law with greater legal force in comparison with the General law of the Empire, which distinguishes the legal regime of the established local law in the border regions from the customs of the Russian Empire.
Keywords:
legal policy, integration of law, legal practice, local law in Little Russia, law of Baltic provinces, local law in Bessarabia, sources of law, particular law, law of the Russian Empire, customary law
Reference:
Solomko Z..
“Fair trial” in Russia during the late XIX – early XX centuries, or the myth of the lost lawfulness
// Genesis: Historical research.
2018. № 1.
P. 46-59.
DOI: 10.25136/2409-868X.2018.1.24233 URL: https://en.nbpublish.com/library_read_article.php?id=24233
Abstract:
This article is dedicated to the analysis of adherence of the Russian justice of the late XIX – early XX centuries to the requirements of lawfulness as an attribute of the legal state. By reference to number of basic principles/requirements of lawfulness, advanced by the contemporary mainstream theory of lawfulness (inner consistency of positive law and unity of lawfulness, supremacy of law, equality before law and court, fairness of courts, security of the rights of private entities from arbitrariness of administration, inadmissibility of contraposition of lawfulness and purposefulness), the article demonstrates contradictions of the post-reform positive legal regulation of justice and law enforcement practice in this field, which are incompatible with the dominant in the theory of law concepts of legal state. Attention is focused on such problems of prerevolutionary justice, as the contradiction between the general principles of the Court Statute of 1864 and private legal norms; gradual eroding of the progressive norms of Court Statutes; administrative corrosion of judicial power; legal particularism; lack of the institutions of administrative justice; double law enforcement standards. From the perspective of Marxist analysis, the author demonstrates the legitimate character of the aforementioned phenomena. Attention is turned to the ideological nature of the gaps in the interpretation of prerevolutionary justice that are common to the contemporary mainstream historical-legal consciousness. The contained in the work generalizations and conclusions doubt the methodological and theoretical value of comprehension of the prerevolutionary justice as a phenomenon of the establishing legal statehood, and actualize the relevance of the dialectic-materialistic, social-class analysis of the post-reform justice and prerevolutionary Russian legal order overall.
Keywords:
Ideology, Administrative justice, Russian justice, Dependable peripheral capitalism, Legal state, Purposefulness, Lawfulness, Judicial counter reforms , Prerevolutionary post-reform justice, Court statutes
Reference:
Kondrateva A.N..
Institution of consent in matrimonial canon law of the medieval Western Europe
// Genesis: Historical research.
2018. № 1.
P. 79-84.
DOI: 10.25136/2409-868X.2018.1.24418 URL: https://en.nbpublish.com/library_read_article.php?id=24418
Abstract:
The subject of this research is the norms of the Western European medieval canon law that regulate the questions of marriage and sexual behavior. The author focuses attention on the figure of the Monk of Bologna John Gratian, who in his "Decree" first spoke about the role of consent of intending spouses to enter marriage. Gratian’s position, officially supported by the Roman Catholic Church, caused acute discussions in medieval society, as well as became one of the factors of jurisdictional battles between the secular and canon law. Using the historical method alongside method of research analysis carried out by European and American experts in the field of canon law, the author established that Gratian had a strong impact upon the process of formation the matrimonial canon law; although, his influence was only de jure and did not directly affect the usual practice of contracting marriage. However, due to the innovations of the Catholic theologian Raymond Peñafortsky, Gratian's idea was implemented de facto. As a result of the study, the conclusion is formulated that the question of the consent of parties was of crucial importance not only with regards to matrimonial relations, but also the criminal-legal sphere (for example, in qualification the committed action as abduction, kidnapping, “raptus”, etc.). Thus, the rules of expressing the consent to marriage have developed into the entire set of revolutionary for the medieval European society provisions that found reflection in the principal source of canon law, and subsequently, in the Modern Age, were accepted by the secular legislation of some Western states.
Keywords:
secular jurisdiction, abduction of woman, consent, marriage, Decretum Gratiani, canon law, Western Europe, Middle Ages, ecclesiastical jurisdiction, conflict of jurisdictions
Reference:
Antropov R.V., Antropova N.A..
Legislative reforms and experiments in the system of legal education in Germany during the period of 1971-1984 (on the example of Baden-Württemberg state)
// Genesis: Historical research.
2017. № 12.
P. 79-89.
DOI: 10.25136/2409-868X.2017.12.22089 URL: https://en.nbpublish.com/library_read_article.php?id=22089
Abstract:
The subject of this research is one of the most interesting stages in the development of German legal education, characterized by an unprecedented experiment on testing a monophasic model of preparation of lawyers. The authors set a goal to examine the essence, causes and consequences of the reform undertaken in the system of German legal education over the period of 1971-1984, as well as reveal the advantages and disadvantages of the new educational pursuing correlation with the current Russian realities. The example of the federal state of Baden-Württemberg, which was actively engaged in the innovation activity and achieved measurable results, clearly demonstrates the implementation and organization of the educational process in accordance with the new monophasic model. The article introduces the works of the German authors and separate normative documents (federal and state laws) that have not been translated into the Russian language, and thus inaccessible to large audience. It is established that the realization of the experiment on testing the monophasic model of preparation of lawyers as an antipode to the entrenched classical diphasic model, was caused by the public dissatisfaction with the quality and protracted character of legal education. It was legitimized by the adoption of a so-called “experimental clause” in the § 5b of the German Act on the Legal Status of Judges of September 10, 1971. The result of this reform led to the reduction of term of legal education to six years due to intensification of the educational process, elimination of the dualism of theory and practice, increase of the research component in education, as well as focus on the individualization of education and orientation towards formation of the socially adjusted personality of a lawyer. The results of the experiment have received mostly positive evaluations from all the participants, however, due to sociopolitical motives, the implementation of the new model of preparation of lawyers has been declined. The very idea of the monophasic legal education alongside the active process of diversification in the area of rendering educational services is currently being implemented; and so are the principles proclaimed by the reformers of the 1970’s – 1980’s[WU1] , which are relevant for Russia due to joining to the Bologna Process. [WU1]
Keywords:
base models, moniphasic model, experimental clause, legislative innovations, legal education reform, preparation of lawyers, Germany, evolution of educational forms, theory and practice, final testing
Reference:
Bezhentsev A.A..
Organization of the efforts of the Socialist system of prevention of juvenile delinquency (1917-1950): positive experience, modern prospect of implementation
// Genesis: Historical research.
2017. № 12.
P. 69-78.
DOI: 10.25136/2409-868X.2017.12.22496 URL: https://en.nbpublish.com/library_read_article.php?id=22496
Abstract:
This article in chronological sequence examines the measures of preventing juvenile neglect and delinquency over the period of 1917-1950 for the purpose of its implementation at the present stage, as well as determines the most prospect experience of organization of administrative activity of Socialist system aimed at prevention of juvenile delicts. The object of this research is the development trends of social relations of the bodies and institutions of the Socialist system of prevention of neglect and delinquency that form in the process of legal regulation and organization of human rights and law enforcement activities of the indicated system within the framework of 1917-1950. The subject of this research is the theoretical, organizational, administrative, and legal issues of the work of the bodies and institutions of Socialist system of prevention of juvenile neglect and delinquency over the period of 1917-1950; norms of administrative law, which establish the legal status and regulate procedures of realization of the human rights and law enforcement competences belonging to the indicated bodies and institutions. The main conclusion lies in substantiation of the revival of juvenile delinquency rooms in Russia established in 1941; they must be designed in accordance with the standards that require not less than three separate facilities (for inspector on juvenile division; lockable and equipped with vandal-proof soft wall panels for communication with juvenile delinquents; equipped with sleeping accommodations and toys for stray and neglected children).
Keywords:
juvenile crimes, juvenile delinquency, homelessness of minors, neglect of minors, children's militia stations, prevention of delinquency, tprotection of rights of the minors, prevention of juvenile delinquency, orphanage, police inspector
Reference:
Zurnachyan A.S..
Legal regulation of the status of Armenian community in Poland and Ukraine in the XV-XVIII centuries
// Genesis: Historical research.
2017. № 12.
P. 53-59.
DOI: 10.25136/2409-868X.2017.12.22784 URL: https://en.nbpublish.com/library_read_article.php?id=22784
Abstract:
The subject of this research is the legal status of Armenian community in various cities located in the territories of modern Poland and Ukraine during the period of XV-XVIII centuries. The author examines the legal acts based on which was regulated the system of local self-governance and court system within the Armenian national community, as well as judicial-administrative books that contained the session protocols of the Kamianets-Podilskyi Armenian Court. The article analyzes the content of the indicated sources, their structure and role in life of the Armenian community. The scientific novelty lies in the facts that this work is first to systematically examine the status of Armenian community in Polish and Ukrainian cities from the historical-legal perspective. The work demonstrates the close correlation between the system of local self-governance and court system within the Armenian communities. A conclusion is made that within the examined territory the norms of Armenian law had been sanctioned by the government and became the part of particular international law.
Keywords:
Proceedings, Armenian Statute, Inheritance, Civil law, Criminal law, Kamianets-Podilskyi Armenian Court, Armenian community, Self-governance, Armenian Law, History of law
Reference:
Zharov S., Parsukov V.A..
Control over the trustworthiness of border guards and its cultivation in the Russian Empire of the XIX – early XX century
// Genesis: Historical research.
2017. № 12.
P. 60-68.
DOI: 10.25136/2409-868X.2017.12.23045 URL: https://en.nbpublish.com/library_read_article.php?id=23045
Abstract:
The object of this research is the legal relations in the Russian Empire associated with the recruitment and upbringing of officers of the special corps of frontier guards. The subject of this research is the axiological approach towards personal qualities of the Russian border guards, systematic formation of spiritual values of the officers and lower ranks in the course of education and service. The authors examine the cultivation of patriotism, diligent attitude to service, bravery and courage in service. Special attention is given to the concept of untrustworthiness and its characteristics. The scientific novelty of this work is defined by the subject of the research: for the first time, the value orientations of training and upbringing of individuals found to be useful in a specific type of service, are subject to scientific analysis. A conclusion is made on high relevancy of the methodology applied in the Russian Empire for establishment of the spiritual values of soldiers and possibility of its implementation under the modern circumstances.
Keywords:
religious values, professionally valuable qualities, placement of contraband, trustworthiness, border guards, History of the Russian Empire, moral education, oath, military training, border surveillance
Reference:
Abdulin R.S..
Evolution and establishment of judicial administration in Soviet Russia (1917-1922)
// Genesis: Historical research.
2017. № 9.
P. 31-52.
DOI: 10.25136/2409-868X.2017.9.22622 URL: https://en.nbpublish.com/library_read_article.php?id=22622
Abstract:
The subject of this research is the stage of organization of the Soviet courts, formation and evolution of the Soviet judicial administration, which had attracted and continues to attract the attention of many scholars. There has been written fairly large amount of articles, books, monographs, and theses dedicated to the events of this time, which ended with the establishment of both, the new political and new judicial systems. However, the official ideology and practice of the Soviet state construction that initially rejected the idea of separation of powers as alien and bourgeois, due to which the court throughout the entire Soviet period did not receive the true independence, left a mark upon all social phenomena, including science to a certain extent. Therefore, multiple works in the area of examination of the establishment of Soviet judicial system and judicial administration, were ideologically tendentious, referred to the extensive circle of communist and propagandistic literature, as well as accessible to public archive materials that favorably characterized the Soviet structure. The author introduces the original point of view on the complicated process of destruction of the old imperial judicial system and creation of the drastically new judicial apparatus alongside the apparatus of judicial administration until the Judiciary Reform of 1922. The scientific novelty consists in the fact that through the prism of state policy in the context of transformations, realized by the Soviet government in judicial sphere, the article demonstrates the establishment of the judicial administration. Based on the generalization of the existing research and published, but not introduced into the scientific discourse archive sources, the work formulates and substantiates the origins, political legal nature of judicial administration applicable to a particular stage of the political legal development of Russia (1917-1922).
Keywords:
egal community, provisional government, Tribunal, Russia, Soviet, judicial administration, judicial system, Russian Empire, revolutionary power, October Revolution
Reference:
Korovin K.S..
Ideological grounds of the Constitution of the Russian Soviet Federative Socialist Republic of 1918
// Genesis: Historical research.
2017. № 9.
P. 15-30.
DOI: 10.25136/2409-868X.2017.9.24090 URL: https://en.nbpublish.com/library_read_article.php?id=24090
Abstract:
The analysis of the Communism ideology through the prism of the constitutional context is new to the modern historiography. The article views Lenin's state and legal ideology as the basis of legitimizing formula of the Russian Constitution of 1918. The main attention is paid to examination of the influence of political and legal ideas of Marxism-Leninism upon the adoption of the framework law of Soviet Russia alongside the further constitutional consolidation. Leaning on the principles of theory of the ideological morphology, the article structures the formulation of such concepts in Lenin's teaching as a commune state, dictatorship of the proletariat, proletarian democracy, and state management by workers (the elimination of bureaucracy). From the standpoint of the theory of speech acts, history of terms and concept of the “legal policy”, Marxism-Leninism is analyzed in the context of Russian Constitution of 1918. It is asserted that Bolshevism was a type of social engineering, aimed at the legal and political construction of post-revolutionary reality. Thus, the constitutional commission, established in April 1918, became the de facto instrument for consolidating the basic provisions of the Marxist-Leninist ideology in the first Constitution of the Soviet State. In this context, the realization of Lenin's ideas undergone detailed examination in specific Articles of the Constitution of the Russian Soviet Federative Socialist Republic of 1918.
Keywords:
Soviet State, Dictatorship of the proletariat, Constitution of the RSFSR, Vladimir Lenin, Marxism-Leninism, Communism, Ideology, Commune, Bolshevism, State and revolution
Reference:
Antropov R.V., Antropova N.A..
Legal education of the Third Reich: “under the gun” of Nazi ideology
// Genesis: Historical research.
2017. № 8.
P. 30-40.
DOI: 10.25136/2409-868X.2017.8.21915 URL: https://en.nbpublish.com/library_read_article.php?id=21915
Abstract:
The subject of this study is the legal education of the Third Reich: its content, aims and objectives, as well as specific features as an addition to Nazi propaganda machine. The research is based on the detailed examination of the sources of German educational law of the period of German State (1933-1945) that have not been previously translated or published in the Russian science, and include educational standards, decrees of the Ministry of Education along with other departments, as well as scientific material of the German authors on Nazi doctrine, which contain commentaries to the situation established within the system of training of the lawyers throughout the period of dominance of the National Socialism. Russian scientific literature reviews the questions of legal education of the Third Reich era only in conjunction with the education in general or the system of justice. Thus, the authors attempted to eliminate the existing gap and saturate into the “Nazi stage” within the history of German legal education. The law «On the Transfer of the Administration of Justice to the Reich» of February 16, 1934 unified the legal education throughout the entire German land in the context of implementing the National Socialist principle of autocracy «the Fuhrer». Its goal consisted in upbringing of the young “law enforcement officers” as the fanatic adherers of the new regime, which is alien to the human values and preaches the racia superiority of the German nation. Such objective was reflected in the developed by Nazi ideologists new educational standards for training the lawyers in 1934 and 1939, in which nothing reminded of the old-pattern lawyer. Only after the fall of Fascism, the German system of legal education was able to return to the principles established in the era of liberalism and remained relevant to this day.
Keywords:
teacher's status, final exam, standard of training of lawyers, reform of legal education, sources of educational law, National Socialist ideology, Third Reich, Germany, legal education, professional organizations
Reference:
Smirnova-Seslavinskaya M.V..
Legislation and state policy of the Russian Empire with regards to Romani population
// Genesis: Historical research.
2017. № 8.
P. 1-21.
DOI: 10.25136/2409-868X.2017.8.22213 URL: https://en.nbpublish.com/library_read_article.php?id=22213
Abstract:
The object of this research is the legislation and state policy of the Russian Empire with regards to Romani population, while the subjects is the body of official acts on the Romani people, data about the norms in the case of Romani people in passport and recruitment decrees and code of punishments, as well as information about certain published and archive sources about the realization of such policy. Special attention is given to the general periodization of policy pertaining to Romani people and development of its national principles throughout the transformation process in 1760’s of the local systems of administration aimed at Romani groups in Little Russia and Sloboda Ukraine. The author carries out a comparative analysis of the codified legislation and separate legislative regulations of the Russian Empire in terms of the body of official acts mentioning Romani people with consideration of the stages of social history of the Russian Empire. The author distinguishes the acts that distribute upon the Romani people the general norms (regulating the positions of various social classes and situations in the Russian Empire) from the special laws in their regard. Scientific novelty of the work consists in determination of the specificity of Russian Empire’s policy pertaining to Romani people, and highlighting of its key stages: from treating them as people with a particular lifestyle to the compulsory sedentarization and converting into the Cossacks, as well as further liberalization of laws with limited migration within the Russian Empire, and (often formal) prohibition on nomadism. The author underlines the correlation of the stages of such policy with the periods of socioeconomic reforms of the Russian Empire. The article reveals the common mistakes in interpretation of the content of acts with regards to the Romani people, which lead to ideologizaiton of policy in their case presented in a number of publications on this matter.
Keywords:
integration into social classes, sedentarization, migration, public policy, legislation, Romani people, Russian Empire, limitation of migration, passport regulations, recruitment regulations
Reference:
Shatilov S.P., Zarechnev D.O..
Activity of the Chekists of Altai Krai on ensuring security of transition of manufacturing industry to defense production
// Genesis: Historical research.
2017. № 8.
P. 22-29.
DOI: 10.25136/2409-868X.2017.8.22243 URL: https://en.nbpublish.com/library_read_article.php?id=22243
Abstract:
The object of this research is the social relations emerging in the work process of the People's Commissariat for State Security (NKGB) on ensuring security of transition of manufacturing industry to defense production during the period of Great Patriotic War. The subject of this research is the key directions of NKGB activity that suggested realization of significantly large amount of the important for wartime events aimed at ensuring security of transition of manufacturing industry to defense production. Relevance of this article is defined by the fact that until present time such historical phenomenon as converting the Soviet manufacturing industry into wartime footing alongside the fairly compressed timeframe of the conducted evacuation, remain to evoke astonishment within the public historical consciousness in Russia and abroad, becoming a special topic of historical cognition. The author for the first time examine the regional aspect of the aforementioned historical processes, namely the Chekist activities in Altai Krai pertaining to ensuring security of transition of manufacturing industry to defense production during the Great Patriotic War. The scientific novelty lies in the authors’ attempt to comprehensively analyze the key directions of the work of NKGB on this matter, which included: preservation of possessions, fight against embezzlement, object secrecy, counteracting desertion and distribution of provocative rumors. The authors conclude that during the period of Great Patriotic War, the People's Commissariat for State Security were involved in the unusual to them objectives, actively participated in converting the national economy into wartime forint, as well as in conjunction with the corporate management adopted measures for executing the defense order. Separate departments of NKGB exercised control over the actions of chief executives and factories on putting in the evacuated enterprises restructured for the needs of wartime. It is also underlined that transition of manufacturing industry to defense production was a compulsory measure for compensating the inefficiency of work of other departments of the state apparatus under the extreme circumstances. In the course of implementation of transition of manufacturing industry to defense production were often applied the repressive methods, including the threat of holding citizens criminally accountable.
Keywords:
Enterprises, Economic function, Manufacturing industry, Great Patriotic War, Order, Decree, Decision, Factory, Chekists, Evacuation
Reference:
Solomko Z..
About social grounds of the local justice reform of 1912
// Genesis: Historical research.
2017. № 7.
P. 20-34.
DOI: 10.25136/2409-868X.2017.7.23233 URL: https://en.nbpublish.com/library_read_article.php?id=23233
Abstract:
This article is dedicated to the analysis of the key social determinants that defined the content and results of the local justice reform in Russia in the early XX century (Law of June 15, 1912 “On the Reform of Local Courts”). The author disputes the idealistic interpretation of social grounds of the reform, the supporters of which are willing to see as a primary cause of such event the desire of government to adhere the path of “right-wing development”, ensure the legal need of peasantry, and equalize them in rights with other social classes. The arguments towards using the materialistic approach in studying the reform are being provided. It is proven that reforming the local justice of the early XX century was substantiated primarily by the peculiarities of the Stolypin agrarian reform aimed at development of the “Prussian way” of capitalism with regards to agrarian relations, as well as overall specificity of the Russian pre-revolutionary capitalism, which significantly differed from the capitalism of Western type. Namely these social prerequisites justified the limited restoration of justice courts necessary for ensuring the interests of the growing rural bourgeoisie, retention of volost courts, non-democracy of the reform, neglect in the process of developing the draft law on reforming the local court of peasant’s deputies, as well as delay of implementation of the reform after 1912, its inconsistency and incompleteness. The author highlights correlation between the content of local justice reform and logics of class confrontation throughout the period of formulation and realization of the Law of June 15, 1912. The substantiated in the article ideas allow concretizing the understanding of prerequisites, content, and results of the local justice reform in Russia in the early XX century.
Keywords:
Constitutional state, World War I, Rural bourgeoisie, Peasantry, Stolypin agrarian reform, Prussian way of capitalism, Dependent peripheral capitalism , Justice court, Volost court, Local justice reform
Reference:
Pozdnyakova A.S..
Criminal offences in practice of the Vyatka provincial revolutionary tribunal during the Civil War
// Genesis: Historical research.
2017. № 7.
P. 35-42.
DOI: 10.25136/2409-868X.2017.7.23539 URL: https://en.nbpublish.com/library_read_article.php?id=23539
Abstract:
This article is dedicated to examination of one of the activity directions of the Vyatka provincial revolutionary tribunal – the investigation of criminal offences. Based on previously unstudied documents of the Kirov Region State Archive, the author analyzes the involvement of the special judicial investigating agency in the fight against crime, reveals situations when an investigative case could be subject to consideration by the revolutionary tribunal, as well as discusses the applied measures of punishment. The article provides the examples of criminal offences during this timeframe alongside the statistical data on the activity of the Vyatka tribunal. The scientific novelty consists on the fact that the author introduces the previously unexamined archive materials into the scientific discourse. One of the conclusions of this research implies that throughout its existence the Vyatka revolutionary tribunal had dealt with the criminal offences, the number of which varied from 10% to 20% of the overall cases. The author also underlines that by 1922, the tribunal gradually transformed into a civil court.
Keywords:
Provincial extraordinary commission, Punishments, Soviet jurisdiction, Special judicial agencies , Racketeering, Criminal offences, Civil war, Crime, Revolutionary tribunal, Vyatka Province
Reference:
Popov F.A..
Imposing state of emergency by the Provisional Priamur Government in October of 1921
// Genesis: Historical research.
2017. № 5.
P. 14-22.
DOI: 10.7256/2409-868X.2017.5.19648 URL: https://en.nbpublish.com/library_read_article.php?id=19648
Abstract:
This article analyzes the mechanism of imposing state of emergency by the “White” Provisional Priamur Government in October of 1921. Having come to power as a result of the upheaval on May 26, 1921, the Provisional Government faced opposition from the side of the left-wing public forces of the region, particularly Bolsheviks and SR’s. At the same time, the “white” regime in Primorye was not trying to establish the dictatorship on the example of such formed over the 1918-1919 in Siberia under Admiral Kolchak. The Priamur Popular Assembly had been convoked; it had the legislative initiative, and the government held responsibility before it. The declaration of state of emergency in October of 1921 was substantiated by the threat of Bolshevist uprising in Primorye. State of emergency was imposed without notifying the Popular Assembly, which caused the robust discussions among the parliamentarians. During the course of debates, the opposition appealed to the acting legislation, while the government explained its decision by the necessity of urgent measures pertaining to ensuring the security on the subordinated territory. Thus, the Provisional Priamur Government contravened the law and demonstrated its capability to violate the legal norms in favor of the own interests. The scientific novelty consists in introduction to the scientific discourse of the materials associates with the discussions in Priamur Popular Assembly and the reaction of the Primorye society upon it. The conclusion is mate that the decision of the Provisional Priamur Government had the contradictory consequences for the Far Eastern “white” statehood. The easiness of the government in imposing the emergency measures showed the immaturity of parliamentarism of Primorye, as well as its inability to confront the governmental iniquity using the legitimate methods.
Keywords:
Emergency legislation, Upheaval, Violation of legislation, Legal order, White movement, Priamur Popular Assembly, Parliamentarism, State of emergency, Provisional Priamur Government, Civil war
Reference:
Fomin A.A..
The evolution legal approach towards assessment of collaborationists’ activity during the Great Patriotic War
// Genesis: Historical research.
2017. № 5.
P. 23-40.
DOI: 10.7256/2409-868X.2017.5.20220 URL: https://en.nbpublish.com/library_read_article.php?id=20220
Abstract:
The object of this research is the public relations emerged in the process of establishment and implementation of the legal institution of responsibility of the collaborationists in USSR during the Great Patriotic War. The subject is the system of the normative legal acts that regulate the responsibility of Soviet citizens cooperated with the German Fascist occupants during the war. The author reveals the essence and characteristic peculiarities of the legal regulation of the examined type of responsibility. Based on the analysis of protective legal norms contained in the legislative and institutional acts, the author reviews the specificity of establishment and transformation of the legal approach of Soviet State towards the assessment of collaborationists’ activity and demarcation of the various manifestations of collaborationism. As a result of this research, the author highlights a number of peculiarities common to the lawmaking and law enforcement in the area of counteracting collaborationism, which under the conditions of the urgently elevated during the wartime political and ideological orientations, conduced the formation of the practice of unreasonable and unjust repressions with regards to the Soviet citizens, who were involved in collaboration with the German occupants. The author makes a conclusion on the appropriateness of assessment of the institution of collaborationists’ responsibility as an exceptionally repressive and deprived of any fairness. At the same time, he believes that the enhancement of responsibility for the unlawful activity of collaborationist nature under the extreme circumstances of the Great Patriotic War was necessary and justifiable. Separate examples in the article demonstrate the trends of the gradual transformation of the protective norms towards differentiation and individualization of responsibility of the persons that in one or another way are involved into cooperation with the enemy.
Keywords:
normative legal acts, legal regulation, criminal law, collaborationists, collaboration, Great Patriotic War, history of Soviet law, repression, legal responsibility, qualification
Reference:
Krichevtsev M.V..
Legal regime of detention of foreign prisoners of war in France under Napoleon I (on dispositions of the Empire and the acts of the prefecture of Eure department in 1813 – 1814)
// Genesis: Historical research.
2017. № 5.
P. 1-13.
DOI: 10.7256/2409-868X.2017.5.20877 URL: https://en.nbpublish.com/library_read_article.php?id=20877
Abstract:
The subject of this research is the changes in legal regime of detention of the foreign prisoners of war in France during the ruling period of Napoleon I. The work examines the normative positions pertaining to places of dislocation, organization of work and daily life of the prisoners of war, their financial support administration and police supervision over them, as well as punishments for violation of order and discipline. Legal regulation was exercised on general imperial level alongside separate departments, which causes a question about the interaction of the imperial law with the local law. The article compares the imperial regulations with the acts of prefect of M. de Miramont existing in the Eure department in 1813 – 1814. The relevance of this topic is substantiate by the insufficient study in science of the relation of administrations of various departments towards the dislocated within them prisoners of war and peculiarities of legal regulation of their detention. The conclusion is made that that legal regime of detention of the foreign prisoners of war in France during the late Napoleonic era, to a significant extent is defined not by the general imperial regulations but the local stipulations. Acts of the prefecture issued in the Eure department, testify to the extensive freedom of lawmaking of a prefect in this field. Particularly, the acts of 1814 significantly expanded the authority of the local civil administration pertaining to the depot of prisoners of war within the department’s territory and enhanced its impact upon the military structure in the late ruling period of Napoleon I.
Keywords:
mayor of commune, district sub-prefect , prefect, Eure department, depot, prisoners of war, First Empire, Napoleonic Wars, regulation, imperial decree
Reference:
Shayakhmetova T.E..
Legal regulation of execution of punishment in form of deprivation of freedom in the Russian Empire in XIX century
// Genesis: Historical research.
2017. № 4.
P. 83-90.
DOI: 10.7256/2409-868X.2017.4.18370 URL: https://en.nbpublish.com/library_read_article.php?id=18370
Abstract:
Deprivation of freedom, as the preventative punishment and criminal sanction, has a lengthy history in the Russian legislation. Execution of punishment in form of the deprivation of freedom has not been determined as an independent branch, and manifested as the institution of police law. The subject of this research is the direction of legal regulation of police activity in the Russian empire of XIX century, associated with the implementation of provisions on the preliminary detention and realization of the correctional and criminal punishments. The main conclusion of the conducted research consists in the position that systematization of the police legislation that regulated restriction of freedom as the measure of suppression and deprivation of freedom as punishment, has been realized in the process of activity of the II department of His Imperial Majesty clerical office on systematization of the Russian legislation. It resulting in establishment of the first legislative act regarding the deprivation of freedom – “Digest of decrees about those detained in custody and exiled”, which became a part pf the XIV volume of the Code of Laws of the Russian Empire, as well as completed the institutionalization of police law in this sphere.
Keywords:
convict company, prisoner, imprisonment, police legislation, criminal penalties, measure of suppression, deprivation of freedom, detention in custody, preliminary conclusion, prison
Reference:
Raschetov V.A..
Conception, establishment, and development of the Russian investigative authorities: periodization of the historical process
// Genesis: Historical research.
2017. № 4.
P. 68-82.
DOI: 10.7256/2409-868X.2017.4.18553 URL: https://en.nbpublish.com/library_read_article.php?id=18553
Abstract:
The subject of this research is the genesis of the Russian investigative agencies, periodization of their development alongside dynamic of evolution. The conducted research of evolution of the investigative authorities, since their initial form as judicial agents until their modern state through the examination of the normative legal acts of corresponding periods in the Russian history, can conduce the adjustment of views of the legal scholars and practical workers upon the concept of single investigative apparatus, as the service of prosecutorial or judicial jurisdiction. The author concludes that the Russian pretrial investigation has deep traditions, which take its roots in Ancient Rus’, Muscovite Tsardom, Russian Empire, and Soviet Russia. Concern of the state regarding the increase in efficiency of the pretrial investigation and court procedure is caused by the urgency of the situation within social environment, which results in autocratic activity on its stabilization, including through formation of the new subjects, authorized to execute the criminal indictment. The scientific novelty lies in the applied during the course of historical-legal research foundation, which encouraged the determination of general periodization of the development of investigative agencies consisting of two stages and eight periods that reflect the most significant milestones in their historical path.
Keywords:
Ancient Rus', model of pre-trial investigation, investigative authorities, judicial agents, periodization, evolution, genesis, Muscovite Tsardom, Russian Empire, Soviet Russia
Reference:
Fedorova I.A..
Initiation of a criminal case - history of emergence of the degree in criminal procedure
// Genesis: Historical research.
2017. № 3.
P. 105-112.
DOI: 10.7256/2409-868X.2017.3.18202 URL: https://en.nbpublish.com/library_read_article.php?id=18202
Abstract:
The subject of this research is genesis of the sources of the Russian criminal procedural law that regulate the degree of criminal case initiation and its development since the imperial times until present day. The article examines the sources of written law of the Russian Empire, Union of Soviet Socialist Republics, and their impact upon the formation of criminal procedure in modern Russia. The author also analyzes the influence of social changes upon the criminal procedural law as a whole, and the institute of initiation of a criminal case in particular. The main conclusions of this work consist in the following positions: firstly, the degree of criminal case initiation has consolidated within the Russian criminal procedure as an independent full-fledged stage that has its own tasks, grounds, specific circle of participants, procedural implementation, and final decisions; secondly, the examined institution of criminal procedural law requires thorough research, as well as formulation of proposals on improving the legislation and law enforcement.
Keywords:
Source of law, Police, Interrogation, Preliminary inspection, Filing of crime, History, Criminal procedure, Judicial reform, Degree, Initiation of criminal case
Reference:
Lyadascheva-Il'icheva M.N..
Forms of systematization of civil legislation in Russian during the period of 1649-1825: historical-legal aspect
// Genesis: Historical research.
2017. № 3.
P. 72-85.
DOI: 10.7256/2409-868X.2017.3.18289 URL: https://en.nbpublish.com/library_read_article.php?id=18289
Abstract:
The subject of this research is the formation and development of the formal utterance of civil legal policy in Russia over the period of 1649-1825, which manifested and undergone changes during the prolonged process of legislative regulation of social relations alongside the attempts of systematization of legislation in accordance with the sectoral principle. Legislative acts that regulated the order of changes in formal aspect of the civil legislation were used as the main sources of the research. The goal of the work consists in the comprehensive historical-legal examination of regularities of the establishment and development of legislator’s perception regarding the forms of civil legislation systematization. The author’s principal conclusions concern the civil legal policy in Russia during the period of 1649-1925, which has been establishing and progressing within the process of legislative regulation of the arising social relation through adoption of the new legislative acts that claim to fill the gaps and eliminate contradictions in the acting code of laws, and creation of projects of codes of acting laws and new regulation. Thus, in the course of systematization of the Russian civil legislation, the officials along with the legal experts have formed the perception about the compilation of laws, codes of civil laws and new civil regulation. Russian legislator attempted to ensure the equal and fair trial across the entire nation, therefore, traditionally attracted the government authorities towards the resolution of the problem of systematization of legislation, who applied the acting laws and realized justice.
Keywords:
Codification of law, Regulation, Code of laws, Incorporation of legislation, Compilation of laws , Legislative commissions, Forms of systematization of legislation, Systematization of civil legislation, History of systematization of legislation, Civil legal policy
Reference:
Krasnozhon O..
The journal “Vestnik Policii” – determinant of professional legal consciousness of police personnel of the Russian Empire in early XX century
// Genesis: Historical research.
2017. № 3.
P. 86-104.
DOI: 10.7256/2409-868X.2017.3.21980 URL: https://en.nbpublish.com/library_read_article.php?id=21980
Abstract:
The subject of this research is the journal “Vestnik Policii”, which was being published in Saint Petersburg between the years of 1907-1917 under the authority of the Ministry of Internal Affairs of the Russian Empire. “Vestnik Policii” represented monthly illustrated and multispectral periodicals, the materials of which give characteristics to the main directions of the work of Russian police in the early XX century, define the features of professional legal consciousness of police officers of this period, as well as reveal the role of journal in upbringing and professional training of police personnel of the Russian Empire. The goal of this work lies in analysis of the causes of emergence of the journal, its structure and materials for determining the role of the journal in formation of ideological and psychological components of the professional legal consciousness of police officers of the Russian Empire, as well as public opinion about the work of police. The scientific novelty is defined by the fact that the journal “Vestnik Policii” for the first time is being viewed as a determinant of professional legal consciousness of police personnel of the Russian Empire. Until present time, in the Russian historical or historical legal science there was no record of carrying out a comprehensive analysis of the key stages of development and activity of the journal. The conclusion is made that the journal was the important means of professional training of the police officers alongside the formation of public opinion that pertains to the police work in the Russian Empire. It also contributed in to the growth of state political, general cultural and professional development of the Russian Empire police officers, as well as establishment of ideological and psychological components of their professional legal consciousness.
Keywords:
legal consciousness, professional legal consciousness of police officers, Police of the Russian Empire, mass media , periodical press of the Ministry of Internal Affairs, Police department, Russian Empire, Ministry of Internal Affairs, journal of the Ministry of internal Affairs, Vestnik Policii
Reference:
Biyushkina N.I..
Customs policy of the Russian Empire of the XIX century in the context of regulation of foreign economic activity
// Genesis: Historical research.
2017. № 3.
P. 63-71.
DOI: 10.7256/2409-868X.2017.3.22017 URL: https://en.nbpublish.com/library_read_article.php?id=22017
Abstract:
The object of this research is the customs policy of the Russian State in historical legal context. The subject of this research is the acts of domestic legislation and international treaties of the Russian Empire over the reviewed period aimed at regulation of the customs and foreign economic activity, as well as the unpublished scientific works on this topic. Special attention is given to examination of positions and views of the public and government figures, who directly participated in discussion and corresponding decision-making. The author carefully explores the legal regulation within the framework of customs policy on the level of the acts of national legislation alongside the international law. The article conducts a historical legal analysis of the questions of customs regulation as the basic component of foreign economic activity. Based on the research of various sources, the work gives characteristics to the general format of customs policy of this period and its specificity. The scientific novelty lies in the complex analysis of legal regulation of the customs policy in the context of general regulation of the foreign economic activity: on one hand, characteristics of the regulation of the aforementioned questions on the level of national legislation; and on the other – international-legal regulation of separate aspects, as well as main features, content, and specificity.
Keywords:
trade agreements, free trade, protectionism, customs tariffs, principle of preferential treatment, legal regulation, XIX century, customs policy, international trade, foreign economic activity
Reference:
Vankov A..
The experience of creating the first digests of laws in the United States: the role of private companies in systematization of legislation
// Genesis: Historical research.
2017. № 2.
P. 39-45.
DOI: 10.7256/2409-868X.2017.2.17819 URL: https://en.nbpublish.com/library_read_article.php?id=17819
Abstract:
The article is aimed at analyzing the American experience related to the emergence of systematization and codification of federal statutory law in the United States. The article explores the reasons that caused the necessity of putting the statutory law in order, the events and decisions that took place during that process. The article proves that by trial and error the American lawmakers were able to elaborate an appropriate mechanism for assembling vast compilations (codes) of law: this job involved in commercial organizations who eventually ensured the success. In this connection, the article contains more general recommendations connected to the methods of using commercial organizations in the codification of legislation. In the modern conditions, the conclusions are made applicable to the organizations dealing with systematization of legislation on noncommercial basis – the developers of the reference legal systems.
Keywords:
Code of Laws of the United States of America, Domestic tax code, Revised statutes, Incorporation, Codification, Digest of laws, Foreign legislation, Statutory law, Systematization of legislation, History of codification
Reference:
Tret'yakova E..
The role and importance of international non-governmental organization the Institute of international law in the nineteenth century
// Genesis: Historical research.
2017. № 2.
P. 30-38.
DOI: 10.7256/2409-868X.2017.2.17824 URL: https://en.nbpublish.com/library_read_article.php?id=17824
Abstract:
The article is devoted to the study of the role and value of Institute of international law (international non-governmental organizations) in the development of international legal regulation in the nineteenth century. The author identifies and describes some of the prerequisites for the formation of these institutions, as well as characterizes the mission of the organization, lists the range of issues discussed at the meetings of its sessions. Special attention, as demonstration of theoretical and practical importance, is given to the issues of extradition of criminals, which were developed by the Institute of international law, are part of the decision on the issue. The role and importance of the Institute of international law in the development of international legal regulation is being formulated. The study analyzes the work of the Institute of international law, which is based primarily on the data that testifies to the results of activity of the examined structure of private law published in the pre-revolutionary publications. The scientific novelty of this research consists in the historical analysis of the international non-governmental organizations, particularly the Institute of International Law that remains insignificantly studies in modern research. The main conclusion of the study consists in the following: in the second half of the XIX century there has been established an extensive system of international non-governmental organizations that contributed to the development of international law. The Institute of International Law was of special importance for the development of international law due to the fact that it united the leading experts in this area. During the course of its work, the aforementioned institutions executed various issues, most relevant from the perspective of international legal regulation, which carries theoretical and practical character, as well as undoubtedly affected the content of the international law within the examined period. Of particular importance to the development of international law was international law Institute, bringing together leading experts in this field. In the course of its work, the studied structure was engaged in a variety of issues, most relevant from the point of view of international legal regulation that had not only theoretical but also practical in nature, and have undoubtedly affected the content of international law in the period under review.
Keywords:
Structuring of the world political system, International cooperation, International relations, International law doctrine, Development of international law, Extradition of criminals, Institute of International Law, International non-governmental organizations, XIX century, History of international law
Reference:
Zharov S..
Ivan Petrovich Liprandi on corruption and the struggle against it
// Genesis: Historical research.
2017. № 2.
P. 22-29.
DOI: 10.7256/2409-868X.2017.2.21856 URL: https://en.nbpublish.com/library_read_article.php?id=21856
Abstract:
The object of this research is the ideas on the struggle against corruption, expressed by the active state counsellor of the late XIX century I. P. Liprandi. The subject of this research is the scientific report published in the Imperial Society for History and Russian Antiquities under the Moscow University. The author carefully examines the dynamics in relation of the ration legislator towards bribery, as well as emergence of the ideas about the criminal character of such action. Special attention is given to the pointed by Liprandi difficulties in the struggle against this vice alongside the measures of this fight. The article applied the method of interpretation of the legal ides. The diachronic comparison allowed revealing the genesis of bribe in the Russian law from the virtually lawful to the understanding of a bribe as a dangerous state crime. The scientific novelty is defined by the fact that for the first time, the unrenowned publication on the topic relevant in modern juridical science, is subjected to academic analysis. The conclusion is made about the high relevance of the expressed by I. P. Liprandi ideas and propositions. The work also demonstrates certain steps of the Russian legislator towards the fight against corruption.
Keywords:
fight against crime, criminal liability, graft, extortion, bribery, corruption, state service, Ivan Petrovich Liprandi, history of legal thought, confidential cooperation
Reference:
Tret'yakova E..
Administrative unions of the XIX century as legal form of cooperation of the states
// Genesis: Historical research.
2017. № 1.
P. 1-8.
DOI: 10.7256/2409-868X.2017.1.17619 URL: https://en.nbpublish.com/library_read_article.php?id=17619
Abstract:
The article investigates the administrative unions of the XIX century, which provided frameworks for the countries for cooperation on permanent basis. Crucial characteristics of international administrative unions, their specific features and some of reasons for these institutes formation are determined and described in this paper. Referring to the relevant international legal foundations, the most substantial, according to the author, examples of administrative unions, which have played essential role in correspondent directions of intergovernmental cooperation developing, are indicated here. More than that, main results of their activity are also illustrated in the article.Historical and legal analysis of international administrative unions system, based on scientific studies, the primary sources (international legal acts) and data on the results of administrative union activity are carried out in the frameworks of research.The scientific novelty of the research displayed in historical and legal analysis of international administrative unions as a stage of formation of international intergovernmental organizations.The main conclusions of the study are: The main prerequisites for the formation of the administrative unions system was an intensification of relations in various fields, including international law. Administrative Unions had a number of features: a contractual interstate general administrative and organizing characteristics. The Russian government took essential part in the formation and functioning of most unions. Administrative Unions became one of the first organizational forms of intergovernmental association integration. They made a base of international cooperation on permanent basics and became a foundation for developing international intergovernmental organizations.
Keywords:
Russia’s international relations, Protection of industrial property, International Bureau of Weights, Universal Postal Union, International Telecommunication Union, International Union of Railways, History of international law, History of international organizations, XIX century, Administrative unions
Reference:
Biyushkina N.I..
Problems of development of the Soviet civil law and procedure during the period of codification of the mid 1950’s – mid 1960’s
// Genesis: Historical research.
2017. № 1.
P. 9-17.
DOI: 10.7256/2409-868X.2017.1.20663 URL: https://en.nbpublish.com/library_read_article.php?id=20663
Abstract:
This article focuses attention of the changes in civil law and procedure, which characterized the process of development and codification of the Soviet legislation over the period of mid 1950’s – mid 1960’s, as well as determines cause-and-effect relationship between the studied transformations and reforms of the Stalinist party-state and political-legal model. Examination of the principles of Soviet civil law and procedure was subjected to creative interpretation; particularly, the author conducted a detailed analysis of provision on the judicial independence in the Soviet State. The work explores the process of formulation and adoption of the fundamentals of civil legislation, as well as fundamentals of civil procedure of the Union of Soviet Socialist Republics and union republics of December 8, 1961. The opinions of the Soviet scholars-civilists related to the development of conceptual apparatus of the branch of the Soviet civil law are being researched and analyzed. The main conclusion of this work consists in the determined by the author multiple and exceptionally important changes in the Soviet civil and civil-procedural law during the studied period reflected in codification of the late 1950-1960’s, which contributed into restoration of the Socialist lawfulness. The author made an original conclusion that the conducted in 1950-1960’s codification of the Soviet civil law was based on the doctrine developed in the works of scholars-civilists in the 1940-1950’s, in other words, within the dominant system of state planning and its frameworks of directive distribution of virtually all material resources. The author’s special contribution lies in the fact that the qualitative political-legal transformations, which took place in USSR over the period of mid 1950’s – mid 1960’s, encouraged the development of the organizational-legal mechanisms of protection and preservation of rights of the Soviet citizens.
Keywords:
Freedom of contract, Property right, Humanization, Democratism, Socialist lawfulness, XX Congress of the Communist Party of the Soviet Union, Soviet State, Legislation, Civil procedure, Civil law
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