Pub Date : 2024-04-11DOI: 10.18572/1812-3805-2024-4-20-27
V. V. Vostrikova
The article examines the theoretical ideas of Russian liberal statesmen of the early twentieth century on the problem of ministerial responsibility. The reflection of the theoretical views of liberals on the responsibility of ministers in the program documents and political activities of liberal parties is analyzed.
{"title":"Russian Liberals of the Early 20th Century on the Liability of Ministers as a Constitutional Law Institution","authors":"V. V. Vostrikova","doi":"10.18572/1812-3805-2024-4-20-27","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-4-20-27","url":null,"abstract":"The article examines the theoretical ideas of Russian liberal statesmen of the early twentieth century on the problem of ministerial responsibility. The reflection of the theoretical views of liberals on the responsibility of ministers in the program documents and political activities of liberal parties is analyzed.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140716023","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 : 2024-04-11DOI: 10.18572/1812-3805-2024-4-40-49
Natalya N. Tutarinova
The article examines the process of development of legislation on the organization of jury trials in post-Soviet Russia, and also touches upon the problems of ensuring compliance of this legislation with the Constitution of the country. According to the author, as a result of constitutional amendments, before the constitutional reform of 1993, the legislator thought or assumed a wider introduction into socio-political practice of the institution of trial with the participation of jurors, and civil cases were even placed in first place by the Constitution compared to criminal cases. The Constitution of the RSFSR still supported the construction of “professional justice together with people’s assessors”, but was aimed at a major transformation of democratic forms of justice in the future.
{"title":"Genesis of Laws on the Structure of Jury Trials in Post-Soviet Russia and Problems of Assuring Their Constitutional Nature","authors":"Natalya N. Tutarinova","doi":"10.18572/1812-3805-2024-4-40-49","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-4-40-49","url":null,"abstract":"The article examines the process of development of legislation on the organization of jury trials in post-Soviet Russia, and also touches upon the problems of ensuring compliance of this legislation with the Constitution of the country. According to the author, as a result of constitutional amendments, before the constitutional reform of 1993, the legislator thought or assumed a wider introduction into socio-political practice of the institution of trial with the participation of jurors, and civil cases were even placed in first place by the Constitution compared to criminal cases. The Constitution of the RSFSR still supported the construction of “professional justice together with people’s assessors”, but was aimed at a major transformation of democratic forms of justice in the future.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"22 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140713478","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 : 2024-04-11DOI: 10.18572/1812-3805-2024-4-8-14
Igor V. Kolosov
In the Republic, Plato presents an ideal social system that arises on the basis of acting together for the purposes of meeting the neetheir own interests. The rationalistic orientation dominates in Plato’s political and legal thought; it consists in the fact that, under the guidance of reason, the individual performs actions aimed at achieving happiness. From the point of view of game theory, in the same way, each subject of law strives to achieve the most profitable result and realize their own interests at the lowest cost. Thus, there is reason to believe that the theory of games in law arose as a natural result of the development of the philosophical concept of rationality. The Plato political and legal thought in this regard require detailed analysis, since it, like modern game theory, combine assumptions about the achievement of individual interests and bounded rationality. Taking into account the similarity of the fundamental premises, the subject of this article is relevant and significant not only in historical and theoretical terms, but for modern jurisprudence.
{"title":"What Do the Game Theory and Rationality of the Plato’s Political and Legal Doctrine Have in Common?","authors":"Igor V. Kolosov","doi":"10.18572/1812-3805-2024-4-8-14","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-4-8-14","url":null,"abstract":"In the Republic, Plato presents an ideal social system that arises on the basis of acting together for the purposes of meeting the neetheir own interests. The rationalistic orientation dominates in Plato’s political and legal thought; it consists in the fact that, under the guidance of reason, the individual performs actions aimed at achieving happiness. From the point of view of game theory, in the same way, each subject of law strives to achieve the most profitable result and realize their own interests at the lowest cost. Thus, there is reason to believe that the theory of games in law arose as a natural result of the development of the philosophical concept of rationality. The Plato political and legal thought in this regard require detailed analysis, since it, like modern game theory, combine assumptions about the achievement of individual interests and bounded rationality. Taking into account the similarity of the fundamental premises, the subject of this article is relevant and significant not only in historical and theoretical terms, but for modern jurisprudence.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"9 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140715990","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 : 2024-04-11DOI: 10.18572/1812-3805-2024-4-2-7
Igor A. Isaev
Considering evil against the backdrop of the dichotomy of normative-and-evaluative categories in the political space in various historical periods, the author of the article gradually brings us closer to the modern scientific interpretation of political evil.
{"title":"Political Evil: Discovery of Modernity","authors":"Igor A. Isaev","doi":"10.18572/1812-3805-2024-4-2-7","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-4-2-7","url":null,"abstract":"Considering evil against the backdrop of the dichotomy of normative-and-evaluative categories in the political space in various historical periods, the author of the article gradually brings us closer to the modern scientific interpretation of political evil.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"37 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140713334","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 : 2024-04-11DOI: 10.18572/1812-3805-2024-4-62-69
Gennady G. Nebratenko, Oleg P. Gribunov, Oksana V. Karyagina
Every year, on November 5, criminal investigation officers are honored in Russia, which is timed to coincide with an event that occurred in 1918, when the Central Criminal Investigation Department was established as part of the People’s Commissariat of Internal Affairs of the RSFSR. This tradition originated in the Soviet period, and is continuously honored in the internal affairs bodies of the Russian Federation. At the same time, criminal investigation originated in the pre-Soviet period, and studying the history of the detective police of the Russian Empire allows us to form a more objective view of the domestic law enforcement system. After the dissolution of the tsarist police in March 1917, the future criminal investigation department underwent reorganization, its units were retained due to the special value of full-time undercover officers who continued to fight crime. The prepared scientific article examines in detail the experience of the formation of detective units and departments in the territory of the Donskoy Army Region, which is valuable for the history of the state and law of Russia and internal affairs bodies.
{"title":"The Establishment of Criminal Investigation Police in the Province of the Don Cossack Host (1870 to 1918)","authors":"Gennady G. Nebratenko, Oleg P. Gribunov, Oksana V. Karyagina","doi":"10.18572/1812-3805-2024-4-62-69","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-4-62-69","url":null,"abstract":"Every year, on November 5, criminal investigation officers are honored in Russia, which is timed to coincide with an event that occurred in 1918, when the Central Criminal Investigation Department was established as part of the People’s Commissariat of Internal Affairs of the RSFSR. This tradition originated in the Soviet period, and is continuously honored in the internal affairs bodies of the Russian Federation. At the same time, criminal investigation originated in the pre-Soviet period, and studying the history of the detective police of the Russian Empire allows us to form a more objective view of the domestic law enforcement system. After the dissolution of the tsarist police in March 1917, the future criminal investigation department underwent reorganization, its units were retained due to the special value of full-time undercover officers who continued to fight crime. The prepared scientific article examines in detail the experience of the formation of detective units and departments in the territory of the Donskoy Army Region, which is valuable for the history of the state and law of Russia and internal affairs bodies.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"4 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140714623","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 : 2024-04-11DOI: 10.18572/1812-3805-2024-4-15-19
Ilya S. Chibisov
2023 marks the 170th anniversary of the birth of Nikolai Efimovich Chizhov (1853–1910), Doctor of State Law, Honored Professor of the Department of Encyclopedia and Philosophy of Law of Novorossiysk Imperial University, state Councilor and public figure. The article examines the main milestones of the scientist’s professional life, focuses on the contribution of N.E. Chizhov to the development of Russian legal education, which was in demand at the end of the XIX and the beginning of the XX century in connection with the development of the judicial system, the formation of law enforcement agencies, as well as representative (legislative) state authorities. The author of the article comes to the conclusion about the value of N.E. Chizhov’s views for modern legal education, striving for constant improvement of the quality of education and the effectiveness of legal education.
{"title":"The N.E. Chizhov’s Contribution to the Development of Legal Education in Russia (on the Scientist’s 170th Anniversary)","authors":"Ilya S. Chibisov","doi":"10.18572/1812-3805-2024-4-15-19","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-4-15-19","url":null,"abstract":"2023 marks the 170th anniversary of the birth of Nikolai Efimovich Chizhov (1853–1910), Doctor of State Law, Honored Professor of the Department of Encyclopedia and Philosophy of Law of Novorossiysk Imperial University, state Councilor and public figure. The article examines the main milestones of the scientist’s professional life, focuses on the contribution of N.E. Chizhov to the development of Russian legal education, which was in demand at the end of the XIX and the beginning of the XX century in connection with the development of the judicial system, the formation of law enforcement agencies, as well as representative (legislative) state authorities. The author of the article comes to the conclusion about the value of N.E. Chizhov’s views for modern legal education, striving for constant improvement of the quality of education and the effectiveness of legal education.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140713699","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 : 2024-04-11DOI: 10.18572/1812-3805-2024-4-34-39
N. Zhiltsov, O. Cherdakov
The author’s position is presented, revealing the importance of modernization and digitalization of the Russian judicial system at the beginning of the XXI century. The prospects for the introduction of the institution of judicial conciliation, virtual and electronic justice, electronic document management are studied.
{"title":"The Establishment of the Institution of the Judiciary in Post-Soviet Russia","authors":"N. Zhiltsov, O. Cherdakov","doi":"10.18572/1812-3805-2024-4-34-39","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-4-34-39","url":null,"abstract":"The author’s position is presented, revealing the importance of modernization and digitalization of the Russian judicial system at the beginning of the XXI century. The prospects for the introduction of the institution of judicial conciliation, virtual and electronic justice, electronic document management are studied.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"10 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140714527","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 : 2024-02-01DOI: 10.18572/1812-3805-2024-2-24-30
Marina A. Gusarova
The article examines the problem of interaction between the philosophy of law and jurisprudence as an integral condition of their co-evolution in the works of G.F. Shershenevich.
{"title":"The Problem of the Interaction between Philosophy of Law and Jurisprudence in the Works by G.F. Shershenevich","authors":"Marina A. Gusarova","doi":"10.18572/1812-3805-2024-2-24-30","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-24-30","url":null,"abstract":"The article examines the problem of interaction between the philosophy of law and jurisprudence as an integral condition of their co-evolution in the works of G.F. Shershenevich.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139829625","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 : 2024-02-01DOI: 10.18572/1812-3805-2024-2-54-59
Aleksandr E. Epifanov
The article makes an attempt at describing organizational and legal fundamentals of staffing support of healthcare institutions that existed in 1942 to 1943 in Stalingrad and its suburbs.
文章试图描述 1942 至 1943 年间斯大林格勒及其郊区医疗机构人员配备支持的组织和法律基础。
{"title":"Regulation and Practice of Staffing Support of Healthcare Institutions in the Stalingrad Region (1942 to 1943)","authors":"Aleksandr E. Epifanov","doi":"10.18572/1812-3805-2024-2-54-59","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-54-59","url":null,"abstract":"The article makes an attempt at describing organizational and legal fundamentals of staffing support of healthcare institutions that existed in 1942 to 1943 in Stalingrad and its suburbs.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"43 17","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139821738","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 : 2024-02-01DOI: 10.18572/1812-3805-2024-2-54-59
Aleksandr E. Epifanov
The article makes an attempt at describing organizational and legal fundamentals of staffing support of healthcare institutions that existed in 1942 to 1943 in Stalingrad and its suburbs.
文章试图描述 1942 至 1943 年间斯大林格勒及其郊区医疗机构人员配备支持的组织和法律基础。
{"title":"Regulation and Practice of Staffing Support of Healthcare Institutions in the Stalingrad Region (1942 to 1943)","authors":"Aleksandr E. Epifanov","doi":"10.18572/1812-3805-2024-2-54-59","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-54-59","url":null,"abstract":"The article makes an attempt at describing organizational and legal fundamentals of staffing support of healthcare institutions that existed in 1942 to 1943 in Stalingrad and its suburbs.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"26 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139881711","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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