DOI: 10.7256/2306-0158.2014.4.11304

Abstract: The subject sphere of the article is directed on studying of the 1832-1892 Fundamental Laws of the Russian Empire in respect of regulation legal bases of a regulation of activity of the Russian supreme power in legislative activity. The fundamental state laws within the Code of laws of the Russian Empire for the first time consolidated and built on the basis of a certain system of a statute from published in the second half of XVII - the first third of the XIX centuries of legal acts which regulated legislative process in the conditions of absolute monarchy. On the basis of historical and legallistic methods the standard and legal basis of the maintenance of statutes of the fundamental state laws is shown. As a result of research a row a conclusion is drawn that the fundamental state laws of the Russian Empire for the first time rather accurately defined statutes concerning one of the main fields of activity of the supreme government, i.e. legislative. In them the principle of legality was enshrined in activity of the device of public administration, also features of the organization of legal space of the Russian Empire decided on allocation and establishment of the principles of interaction of the nation-wide legislation and legalizations of national regions. In the sphere of legislative activity the fundamental laws accurately formulated the fundamental principle of the publication of acts in the conditions of absolute monarchy – an exclusive right of the emperor to the edition of legalizations which didn't limit also the preliminary discussion of bills in the State Council which had consultative character for the monarch. Also provisions of Basic laws in which rules of identification and elimination of gaps and collisions in legalizations were detailed were important.

Abstract: Viewing development of state and legal institutions of Russia from the point of view of politics and history allows to understand the place and role of succession and innovations in improving the regulatory system of the modern Russian society. Political and legal context of historical researches in the sphere of state and law becomes very important when we talk about patterns, understanding and applicatin of the political and legal method in studying history of state and law. 

DOI: 10.7256/2306-0158.2013.1.342

Abstract: Based on the analysis of the archives of the State Archive of the Russian Federation, Russian Ministry of Justice and Archive of Foreign Policy of the Ministry of Foreign Affairs of Russia, the author of the article describes methods of external relations of the Soviet competent uthorities regarding inter-court assistance in civil cases. These methods are classified depending on which competent authority is entitled to accept (and transfer) international court orders from competent authorities of foreign states. The author of the article in detail covers the diplomatic pattern of foreign erlations of the Soviet competent authorities ergarding inter-court assistance in civil cases. It is underlined that the dyplomatic pattern of foreign relations was typical for the Russian Empire and has been the only possible pattern ni the USSR until the 60's of the last century. Such method of external relations as the transfer of court orders by the central competent authority (Ministry of Justice of the USSR) was put to life only at late 50's of the last year after the USSR concluded the international treaty. As a rule, it was used only with the 'people's democratic' countries. Direct appeal of one court to a foreign court is the most progressive and efficient method of transfering court orders and it is typical for frontier or the friendliest states with similar legal systems. The last pattern was first implemented when the CIS was formed.  

DOI: 10.7256/2306-0158.2013.5.654

Abstract: Involvement of citizens into the election process was an important part of the political development of Russia in the early XX century. Politicization of the Russian society of that period was an essential condition and one of the ways to create the democratic culture in Russia as well as to form the politial self-identification of citizens and their political awareness. The author of the article views the process of politicization of the Russian society in terms of the relations between the government and society. She also studies the process of formation of the democratic culture from the point of view of involvement of average citizens into the sphere of political life. The author uses observations of contemporaries and participants of that process, in particular, letters of the governors addressed to the Ministry of Internal Affairs. Aanlysis of such sources and evidence requires a special focus on the histroical background and comparison with other documentary sources of that pariod. Even though the governors' letters do not fully reflect the realities of social and political evironment in Russia of the early XX century, these letters represent the views of the witnesses and therefore can be quite interesting and useful for a historian who is trying to understand and explain the motives of Russian electors at the starting point of formation of the democratic society in our country. 

DOI: 10.7256/2306-0158.2013.4.436

Abstract: The studies of the issues of legislative system and the processes of its formation are not possible, unless one uses historical materials, and its conceptual generalization allows one to find general meaning of this legal matter. Use of the systemic method as a general scientific cognition method for legal and historical studies plays a special role in history of state and law. The system of Russian legislation is no exception to this rule, its retrospective studies allow to understand its nature, key stages and characteristics of its formation reflecting the process of its development and its role in legal regulation. The article concerns formation and development of the system of Russian legislation (positive law) as a process of establishing directions and spheres of legal regulation. Its result was division of legislation and law into branches, which was defined by the second half of XIX century and kept developing since 1917 as the law of the Russian Empire. The author provides characteristics of the main tendencies and periodization of the process of evolvement of the legislative system. The article provides for singling out stages of formation and development of the system of Russian legislation. Based upon the approach of the author, the periodization includes three stages. The first stage (IX - middle of XVII centuries)  was defined by establishing general directions of legal regulation and formation of the system of legislation in Russia with its roots at the formation of statehood and positive law in the Ancient Rus and it is ended by issuing the Council Code of 1649 of Tsar Alexis. The second stage (middle of XVII century - XVIII century) related to defining the spheres and territorial levels of legal regulation and searching for the ways to define the system of the legislation of the Empire.  The third stage (XIX - early XX centuries) became the period of formation of the system of legislation of the Russian Empire, definition of its main branches and levels - the Empire legislation and local laws (those of national regions).

DOI: 10.7256/2306-0158.2013.2.347

Abstract: The author of the article reconstructs the historical process of developing powers of Soviet courts to provide inter-court assistance in a civil action. The author studies the processes of formation and development of the Soviet civil procedure legislation starting from the first decrees on the courts up to the Civil Procedure Code of RSFSR 1964 with regard to the forms of international legal assistance and methods of delivering international court orders. The author of the article also analyes formation of associated powers both of national courts and a Soviet central offices of justice - the Ministry of Justice of the Union of Soviet Socialist Republics, Ministry of Justice of the USSR, Supreme Court of the USSR. Each historical stage described in the article is illustrated by archive materials of the State Archive of the Russian Federation and Foreign Policy Archive of the Ministry of Foreign Affairs of Russia.