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

Guliaeva Tatiana Borisovna PhD in Law Associate Professor of the Department of Civil and International Law, Nizhny Novgorod Institute of Management Branch of the Russian Presidential Academy of National Economy and Public Administration 603043, Russia, Nizhny Novgorod region, Nizhny Novgorod, Prospekt Oktyabrya str., 25, sq. 58 tbfab@rambler.ru

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The scientific novelty of the work is manifested:

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

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

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

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

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

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