DOI: 10.7256/2409-868X.2016.2.18360

Abstract: The object of this research is the legal relations established between the civil society and the government in various spheres of social life. The subject is of the historical types of cooperation between the civil society and the government. Based on the analysis of scientific data about the regularities of cooperation between the civil society and the government in the XIX – beginning of XXI centuries, the author determined and examines two historical types of such cooperation: “social contract” and “social dependence”. At the same time, the author focuses attention on the flaws of the reviewed types and their inapplicability on the modern stage of development of the public relations. Scientific novelty consists in typification of collaboration between the civil society and the government in the XIX – the beginning of XXI centuries, as well as in substantiation of the conclusion about the current inapplicability of such historical types as “social contract” and “social dependency”. The main conclusion consists in the fact that in the foundation of such cooperation on the main state of development of the public relations lies the idea of dialogue communication, which allows expecting the mutual understanding and satisfaction of interests of both, the civil society, and the government.

DOI: 10.7256/2409-868X.2016.2.17870

Abstract: This article examines the language situation in the Russian lands under the conditions of feudal disunity, Tatar-Mongol invasion, Golden Horde; the language situation in the southwest of Rus as a part of the Polish-Lithuanian Commonwealth is also being reviewed. The subject of this research is the legal regime of Russian and foreign languages, as well as the development of legal language in the Russian lands of the XIII – XV centuries and its lexical-semantic field. Within the historical legal science these questions have never been discussed, nor raised. Thus the author makes an attempt to fill this gap based on the interdisciplinary research. It is determined that the feudal fragmentation not only destroyed the state unity of Ancient Rus, but also led to the formation of different dialects of the Russian language as the official languages of the appanage principialities and veche republics. Under the conditions of the yoke, the Turkic-Tatar language became the state language of the Russian lands that were included into the Golden Horde; but at the same time, various dialects of the Russian language, as well as the Church Slavonic language were de facto recognized as official in the Russian lands by the conquerors. Restoration of statehood in the Ancient Rus lands was taking place under the different circumstances, which reflected on the language situation. Cultural identity of the Southwestern Rus, which in the XIV – XV centuries became a part of the Grand Duchy of Lithuania and the Polish–Lithuanian Commonwealth, has suffered to the most extent. The official language of this region became an artificially created “simple Russian speech”. In Novgorod and Pskov the language significantly differed by its local specificity.  Most success in restoration of statehood was reached in the Grand Duchy of Moscow, which led to the establishment of the legal language.

DOI: 10.7256/2409-868X.2016.2.17367

Abstract: This article presents the historiographical analysis of the published over the last two decades monographs and textbooks, scientific articles, and doctoral dissertations, which capture the different aspects of the history of Russian state and law, including the in-depth examination of the government activity in the area of legislation, as well as the evolution of the Russian civil legislation of the XVII-XIX centuries. The author reviews the question of genesis of the legislative structure of the Digest of Laws of the Russian Empire of 1832. Special attention is given to the projects of establishment of the system of civil procedural legislation. The conclusion is made that within the modern historical legal science, the integral pattern of the development of the Russian law throughout the period of the XVIII-XIX centuries is being restored; the objective and subjective factors that predetermined the character of reformation of the legal relations are being determined. Scientific novelty consists in the fact that in the course of examining the legislation structure of the Digest of Laws of the Russian Empire, the author reveals the interconnection between the elements and the peculiarities of the public relations.  

DOI: 10.7256/2409-868X.2016.2.18232

Abstract: The article is devoted to characteristic of the normative complex – the educational law as element of the system of Russian law. The genesis of views of the native theorists about the nature of rules of educational law and its place in process of legal regulation is briefly described in this article. The author examines the problem of the subject and the method of educational law, as well as establishes a correspondence between educational law and some criteria of differentiation of branches of law – principles and functions of law, complex of separate terms and legal constructions, codified legal act in the system of legislation. Various points of view of the modern researchers about the status of educational law and its place in the system of law are baieng analyzed in the article. The author used general scientific methods and approaches during the process of writing this article: method of analysis, method of ascent from the abstract to the concrete, systems approach, historical approach, and some special methods of jurisprudence: formal-legal method, comparative law method, legal interpretation method. The article may be interesting for a wide range of readers: both for researches of general problems of the theory of law and researches of questions of educational law, and perhaps for legal practitioners. The result of this research is that author makes a conclusion about forming in the system of modern native law an independent branch of law – the educational law. This conclusion was made as a result of using some methodological approach – using of complex of criteria of differentiation of branches of law (basic and subsidiary). This methodological approach may be useful for other fields of jurisprudence too. By the way research findings of this article may be used in lawmaking and enforcement activity in sphere of regulation of the educational relationship.

DOI: 10.7256/2409-868X.2016.2.17200

Abstract: This article analyzes the issues in studying the practical activity of the British analytical (think) centers in light of transformation of the state policy from Keynesian social democracy to free market (since 1970’s). The subject of the research is the UK think centers which act as “mediators” between the informed public opinion and political and government institutions. In the first part of the article, the author examines the problem of terminology of the “think centers”, as well as definition of these groups in the context of British politics of the XX century. In the second part, the author reviews the genesis of the think centers in UK, as well as the theoretical and practical aspects of their work. The following conclusions are made: there is no unified and accurate definition of the “think centers”; an opinion about the recent appearance of the thinks centers in UK is false; the work of the think centers is aimed at influencing the opinion of the establishment, and the provision of information for making the current decisions in the area of public policy.

DOI: 10.7256/2409-868X.2016.2.17669

Abstract: The subject of this research is the political-legal nature of judicial administration in Russia. The author claims that judicial administration is an original, inimitably specific phenomenon in the history of the Russian state and law, which has its peculiar legal nature. Due to this fact, it is important to understand on the doctrinal level not only the system of legal norms that regulate this legal phenomenon, but also a combination of essential actions on its implementation and realization, as well as its inner foundation and content. Therefore, the author gradually reveals the legal nature of judicial administration, which represents a complex multilevel process of comprehensive research and determination of the specific conceptual aspects. The research of the political legal nature of judicial administration carries a major significance – it establishes its genesis, defines the initial principles of structural organization, which leads to a deeper understanding of the place and role of judicial administration within the system of the government authority bodies. Scientific novelty consists in the fact that this work is a complex interdisciplinary research, which for the first time in history examines the political-legal nature of the Russian judicial administration as a variety of government activity in judicial sphere.

DOI: 10.7256/2409-868X.2016.2.17216

Abstract: The subject of this research is the Russian and foreign normative legal acts that comprise legal foundation for the fight against legalization (laundering) of the criminal income which was realized using the offshore zones. The object is the public relations emerging in the process of counteraction of crimes of the reviewed category. In the first part of this article the author carefully examines such aspects of the topic as the genesis of criminal act – “laundering” of the income. Special attention is given to its legal codification and determination of the main components of the definition of “laundering” that is contained in the international Conventions and Russian legislation. As a result of this research, the authors were able to reveal the main aspects of the definition of legalization (laundering) of the criminal income, realized using the offshore zones; detect correlation between the international norms and the positions of Russian legislation which regulate the process of counteraction of the aforementioned crime; establish the chronology and reasons of the changes introduced into the Article 174 and 1741 of the Criminal Code of Russian Federation, which are aimed at improving the legislation in the sphere of fight against legalization (laundering) of criminal income.

DOI: 10.7256/2409-868X.2016.2.17918

Abstract: Based on the archive materials, the author examines the facts of sexual inversions (incest, sodomy, and zoophilia) in the Russian village of the end of XIX – the beginning of XX century. According to the existed criminal legislation they qualified as crimes against public morality, and the villagers considered them as vice and contradicting the human nature actions. The article presents an analysis of the court cases associated with the sexual actions of criminal character, which involved the peasants. The author determined the level of expansion of these crimes within the rural environment, explores the reaction of the villagers to the cases of sexual perversions, as well as studies the legal precedents with regards to such cases. As a hypothesis, the author suggests that the manifestations of sexual inversions among peasants were linked to the peculiarities of the rural lifestyle, as well as the negative consequences of the modernization process of the Russian society. The unnatural vices in the village were most common to the rural marginals. On the contrary, the male villagers became victims of sexual perversions on the city from the side of local sodomists. Based on the archive materials, the author examines the facts of sexual inversions (incest, sodomy, and zoophilia) in the Russian village of the end of XIX – the beginning of XX century. According to the existed criminal legislation they qualified as crimes against public morality, and the villagers considered them as vice and contradicting the human nature actions. The article presents an analysis of the court cases associated with the sexual actions of criminal character, which involved the peasants. The author determined the level of expansion of these crimes within the rural environment, explores the reaction of the villagers to the cases of sexual perversions, as well as studies the legal precedents with regards to such cases. As a hypothesis, the author suggests that the manifestations of sexual inversions among peasants were linked to the peculiarities of the rural lifestyle, as well as the negative consequences of the modernization process of the Russian society. The unnatural vices in the village were most common to the rural marginals. On the contrary, the male villagers became victims of sexual perversions on the city from the side of local sodomists.

DOI: 10.7256/2409-868X.2016.2.16836

Abstract: This article examines the uniqueness of common law among Altai people with regards to traditions of inheriting the patrimonial ranks; the institution of Zaisanship is being researched. The author thoroughly explores such aspects of the topic as: peculiarities of transferring the administration within the Seok clan; historical legal issues of establishment of the Altai clan aristocracy during the period of Dzungar leadership, as well as during the period after the affiliation of Altai nation into the Russian Empire. Special attention is given to the wealth status of the representative of the ethnic elites. Despite the fact that there are many research conducted on the history and ethnology of Altai people, the inheritance relationships are yet analyzed from the legal perspective. The materials used in this work are somewhat unique, because are partially comprised from the original sources in the course of several expeditions to the Altai Mountains during the period of 2005-2009, and just recently they have been processed. The examination of the common law of the Russian republics is an important step towards understanding the preceding legal concept and preservation of the historical memory.

DOI: 10.7256/2409-868X.2016.2.18529

Abstract: This article present the review of S. A. Tokmin’s dissertation dedicated to the complex and little-studied problem of the Russian historical legal science – the place and role of Russian Communist Party-the Communist Party of the Soviet Union-All-Union Communist Party of Bolsheviks in the system of the Soviet legal sources. The author of the dissertation made an attempt to conduct a comprehensive examination of the problematics from the perspective of the theory and history of state and law; based on the various methods of studying the legal phenomena, he also explores the party acts as the source of normative-legal information. The highlighted in the dissertation positions represent a scientific interest for understanding the peculiarities of lawmaking in the Soviet period of state-legal development of our country. The author presents his own vision of the party acts in the system of Soviet legal sources, as well as analyzes the correlation between the party regulations with legal, and gives an interesting author’s classification of the party acts.