Pub Date : 2023-03-23DOI: 10.18572/1812-3805-2023-3-61-65
Vitaly V. Vyshkvartsev
The author uses the historical and legal and the comparative law research methods to show the development of the constitutional law institution of a multi-child family in the USSR and modern Russia.
本文运用历史学、法学和比较法的研究方法，对苏联和现代俄罗斯多子女家庭宪法制度的发展进行了梳理。
{"title":"Multi-Child Parenting in the System of the Ideological and Demographic Policy of the USSR and the Russian Federation","authors":"Vitaly V. Vyshkvartsev","doi":"10.18572/1812-3805-2023-3-61-65","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-3-61-65","url":null,"abstract":"The author uses the historical and legal and the comparative law research methods to show the development of the constitutional law institution of a multi-child family in the USSR and modern Russia.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"233 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124291384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-23DOI: 10.18572/1812-3805-2023-3-48-53
V. Koval’
The article reviews historical and social conditions that have affected the establishment of the system of judicial proceedings in the Crimean Khanate. The author studies the importance of various (religious, political and cultural) prerequisites that have affected the development and functioning of the legal system in Crimea from the 15th to the 17th century. Besides, the author reviews separate principles and aspects of development of the judicial procedure in the Crimean Khanate.
{"title":"Development of Judicial Proceedings in Crimea (The Crimean Khanate Period)","authors":"V. Koval’","doi":"10.18572/1812-3805-2023-3-48-53","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-3-48-53","url":null,"abstract":"The article reviews historical and social conditions that have affected the establishment of the system of judicial proceedings in the Crimean Khanate. The author studies the importance of various (religious, political and cultural) prerequisites that have affected the development and functioning of the legal system in Crimea from the 15th to the 17th century. Besides, the author reviews separate principles and aspects of development of the judicial procedure in the Crimean Khanate.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130300604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-23DOI: 10.18572/1812-3805-2023-3-22-29
D. Aronov, V. Novikov
Evolution of perception of Montesquieu’s doctrine by an outstanding figure of modern epoch in Russian prerevolutionary political-legal thought is considered in the article. It is noted that there is a certain tendency to reduce the essence of Montesquieu’s doctrine to schematic division of state power into legislative, executive and judicial branches. The methodological potential of the doctrine about the correspondence of the forms of organization of power to the specific conditions of society life is shown. The emphasis is on the predominant reference of the Russian pre-revolutionary legal science to the scheme of separation of powers, and not on revealing the factors determining the specifics of its application. The article gives a brief description of the standpoints of some Russian lawyers starting from the moment of penetration of Enlightenment ideas into the Russian intellectual space and up to the break in the scientific tradition in connection with the changes in the typology of Russian state system caused by the events of 1917. A number of peculiarities of the influence of Montesquieu’s doctrine on the definition of the status of executive power in the system of separation of powers are demonstrated. It is shown that Russian political and legal science had reached the level of understanding of necessity to take into account national peculiarities of state life of concrete people in forming the system of state government.
{"title":"Historical and Legal Aspects of the Use of the Theory of Separation of Powers of C.L. Montesquieu in the Russian Political and Legal Thought","authors":"D. Aronov, V. Novikov","doi":"10.18572/1812-3805-2023-3-22-29","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-3-22-29","url":null,"abstract":"Evolution of perception of Montesquieu’s doctrine by an outstanding figure of modern epoch in Russian prerevolutionary political-legal thought is considered in the article. It is noted that there is a certain tendency to reduce the essence of Montesquieu’s doctrine to schematic division of state power into legislative, executive and judicial branches. The methodological potential of the doctrine about the correspondence of the forms of organization of power to the specific conditions of society life is shown. The emphasis is on the predominant reference of the Russian pre-revolutionary legal science to the scheme of separation of powers, and not on revealing the factors determining the specifics of its application. The article gives a brief description of the standpoints of some Russian lawyers starting from the moment of penetration of Enlightenment ideas into the Russian intellectual space and up to the break in the scientific tradition in connection with the changes in the typology of Russian state system caused by the events of 1917. A number of peculiarities of the influence of Montesquieu’s doctrine on the definition of the status of executive power in the system of separation of powers are demonstrated. It is shown that Russian political and legal science had reached the level of understanding of necessity to take into account national peculiarities of state life of concrete people in forming the system of state government.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"154 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127313895","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-23DOI: 10.18572/1812-3805-2023-3-41-47
Marina E. Gusarova
The article examines the position of church and monastery structures as a result of the church reform of Catherine II. F meaningful statistical analysis is carried out using the regulatory framework and archival materials. The conclusion is made about the influence of the process of secularization on the church and monastery system.
{"title":"The Church Reform of Catherine the Great: A Social, Legal and Statistical Analysis (on the Example of the Vladimir Governorate)","authors":"Marina E. Gusarova","doi":"10.18572/1812-3805-2023-3-41-47","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-3-41-47","url":null,"abstract":"The article examines the position of church and monastery structures as a result of the church reform of Catherine II. F meaningful statistical analysis is carried out using the regulatory framework and archival materials. The conclusion is made about the influence of the process of secularization on the church and monastery system.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"130 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130205433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-02DOI: 10.18572/1812-3805-2023-2-44-48
T. Yaschuk
A review of speeches delivered at the international conference: Federal State: Historical and Legal Experience and Modern Practices (on the 100th Anniversary of the Establishment of the USSR) (Omsk, October 20 to 22, 2022) is offered to the readers. The speeches reflect the history of the establishment of the Soviet federation, stages of its development. The author confirms the importance of studying problems of federalism in history of state and law and other sciences.
{"title":"The Federal State: The Historical and Legal Experience and Modern Practices (on the 100th Anniversary of the Establishment of the USSR)","authors":"T. Yaschuk","doi":"10.18572/1812-3805-2023-2-44-48","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-2-44-48","url":null,"abstract":"A review of speeches delivered at the international conference: Federal State: Historical and Legal Experience and Modern Practices (on the 100th Anniversary of the Establishment of the USSR) (Omsk, October 20 to 22, 2022) is offered to the readers. The speeches reflect the history of the establishment of the Soviet federation, stages of its development. The author confirms the importance of studying problems of federalism in history of state and law and other sciences.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114539314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-02DOI: 10.18572/1812-3805-2023-2-2-6
I. Isaev
The article reveals the nature and versatility of power, not only explicitly, but also implicitly, influencing society. Analysis of the civilizational genesis allows us to realize the constant influence of the deep state on our lives, revealing the secret of power.
{"title":"‘The Part is Greater than the Whole’. The Deep State, or Аppea to the Origins","authors":"I. Isaev","doi":"10.18572/1812-3805-2023-2-2-6","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-2-2-6","url":null,"abstract":"The article reveals the nature and versatility of power, not only explicitly, but also implicitly, influencing society. Analysis of the civilizational genesis allows us to realize the constant influence of the deep state on our lives, revealing the secret of power.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"175 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124292850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-02DOI: 10.18572/1812-3805-2023-2-63-69
I. V. Kolosov
Marginalism is a doctrine in economics that applies methods of analysis based on operating with ‘marginal’, that is, incremental values. Evaluation is carried out in terms of the impact that a change in a certain value has on the level of utility or other significant category. In the 1870s, a ‘marginal revolution’ took place in economics. A little later, a marginal revolution is also taking place in legal theory. Deterrence from committing crimes becomes the main goal of bringing to legal liability. Punishment (legal liability) is necessary only to stop the lawful behavior, despite the fact that it is to be assessed how a change in the measure of liability by a certain amount affects the change in the level of illegal behavior. O.W. Holmes jr., especially in the works ‘The Common Law’ and ‘The Path of the Law’, begins to use marginal values for the analysis of law. With this in mind, this article analyzes the marginalist aspect of O.W. Holmes’ legal thought.
{"title":"The Marginal Legal Liability Theory by O.W. Holmes","authors":"I. V. Kolosov","doi":"10.18572/1812-3805-2023-2-63-69","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-2-63-69","url":null,"abstract":"Marginalism is a doctrine in economics that applies methods of analysis based on operating with ‘marginal’, that is, incremental values. Evaluation is carried out in terms of the impact that a change in a certain value has on the level of utility or other significant category. In the 1870s, a ‘marginal revolution’ took place in economics. A little later, a marginal revolution is also taking place in legal theory. Deterrence from committing crimes becomes the main goal of bringing to legal liability. Punishment (legal liability) is necessary only to stop the lawful behavior, despite the fact that it is to be assessed how a change in the measure of liability by a certain amount affects the change in the level of illegal behavior. O.W. Holmes jr., especially in the works ‘The Common Law’ and ‘The Path of the Law’, begins to use marginal values for the analysis of law. With this in mind, this article analyzes the marginalist aspect of O.W. Holmes’ legal thought.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126384224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-02DOI: 10.18572/1812-3805-2023-2-31-37
V.S. Zobnin
The paper’s purpose is to determinate the legal nature of the Union State of Russia and Belarus (hereafter — the Union State). Under foreign pressure the form of the integration of Russia and Belarus is a highly relevant topic for research. At the present time the unified position on this issue is not developed in scientific literature: there are opposite views recognizing the existence of confederal or federal attributes in the Union State. The author analyses the texts of the Treaty on the Creation of the Union State and compares its provisions to previously existing model of confederacies: United States of America (until 1788), the German Confederation, the Union of Utrecht, the Swiss Confederacy. As a result of the research the conclusion was made that in existing legal reality the Union State has all essential attributes of confederacy.
{"title":"The Legal Nature of the Union State of Russia and Belarus","authors":"V.S. Zobnin","doi":"10.18572/1812-3805-2023-2-31-37","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-2-31-37","url":null,"abstract":"The paper’s purpose is to determinate the legal nature of the Union State of Russia and Belarus (hereafter — the Union State). Under foreign pressure the form of the integration of Russia and Belarus is a highly relevant topic for research. At the present time the unified position on this issue is not developed in scientific literature: there are opposite views recognizing the existence of confederal or federal attributes in the Union State. The author analyses the texts of the Treaty on the Creation of the Union State and compares its provisions to previously existing model of confederacies: United States of America (until 1788), the German Confederation, the Union of Utrecht, the Swiss Confederacy. As a result of the research the conclusion was made that in existing legal reality the Union State has all essential attributes of confederacy.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128506231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-02DOI: 10.18572/1812-3805-2023-2-15-20
E. Kazachanskaya
Most researchers associate modern trends in the development of law with digitalization, which gradually ‘squeezes out’ a person from various decision-making systems. This process arose at the beginning of modernity and is associated with materialism and rationalism, natural scientific progressivism and mechanism in the understanding of law.
{"title":"Criticism of Dehumanization of Law in the Modern State and Legal Thought","authors":"E. Kazachanskaya","doi":"10.18572/1812-3805-2023-2-15-20","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-2-15-20","url":null,"abstract":"Most researchers associate modern trends in the development of law with digitalization, which gradually ‘squeezes out’ a person from various decision-making systems. This process arose at the beginning of modernity and is associated with materialism and rationalism, natural scientific progressivism and mechanism in the understanding of law.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128947617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-02DOI: 10.18572/1812-3805-2023-2-38-43
Svetlana I. Mtina
The article reveals the role of the institution of police officers in the system of law enforcement agencies of the Russian Empire in the last quarter of the XIX century. Based on the materials of the Novgorod province, the implementation of the law enforcement function by the lower level of the police is traced in the conditions of increasing social contradictions after the abolition of serfdom, accelerating the pace of capitalization of the economy and the growth of criminalization of the population.
{"title":"The Role of the Institution of Non-Commissioned Officers in the Protection of Law and Order in the Russian Empire (Based on the Materials of the Novgorod Governorate)","authors":"Svetlana I. Mtina","doi":"10.18572/1812-3805-2023-2-38-43","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-2-38-43","url":null,"abstract":"The article reveals the role of the institution of police officers in the system of law enforcement agencies of the Russian Empire in the last quarter of the XIX century. Based on the materials of the Novgorod province, the implementation of the law enforcement function by the lower level of the police is traced in the conditions of increasing social contradictions after the abolition of serfdom, accelerating the pace of capitalization of the economy and the growth of criminalization of the population.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134403523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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