Pub Date : 2024-02-01DOI: 10.18572/1812-3805-2024-2-66-69
Aleksandr N. Chertkov
The article is dedicated to the comprehension of inter-state and intra-state regionalization of contemporary Russia within the framework of the determination of self-identity in the Eurasian space and the improvement of exercising of public government on various levels.
{"title":"Russia and Its Regions in International Regionalization of Eurasia","authors":"Aleksandr N. Chertkov","doi":"10.18572/1812-3805-2024-2-66-69","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-66-69","url":null,"abstract":"The article is dedicated to the comprehension of inter-state and intra-state regionalization of contemporary Russia within the framework of the determination of self-identity in the Eurasian space and the improvement of exercising of public government on various levels.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"6 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139881600","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 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139889486","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: 10.18572/1812-3805-2024-2-9-15
Stanislav B. Kulikov
The article reveals the content of the concept of ‘digital environment’, which has recently appeared in scientific circulation. The author offers an analysis of scientific works in which this definition is used, and discusses the issue of ‘purity of legal language’ raised by one of the Russian legal theorists. The author’s interpretation of this concept is proposed.
{"title":"Projection of the Digital Environment Concept in the Conceptual and Categorical Framework of the Law Theory","authors":"Stanislav B. Kulikov","doi":"10.18572/1812-3805-2024-2-9-15","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-9-15","url":null,"abstract":"The article reveals the content of the concept of ‘digital environment’, which has recently appeared in scientific circulation. The author offers an analysis of scientific works in which this definition is used, and discusses the issue of ‘purity of legal language’ raised by one of the Russian legal theorists. The author’s interpretation of this concept is proposed.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"93 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139827793","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: 10.18572/1812-3805-2024-2-16-23
Roman V. Romanov
The article reviews problems of the determination of boundaries of a set of facts as a system of legal facts. The issue of the establishment of boundaries of a set of facts has been studied in works of multiple Russian and foreign researchers. However, there are still certain issues in this area. The author primarily focuses on the identification of problems of studying and determination of elements of a set of facts in the temporal boundaries and the demarcation between sets of facts and single legal facts. In the paper, the author concludes that sets of facts as systems of single legal facts should have certain boundaries and a set of facts itself has a one-time action character. Besides, another challenging issue is the demarcation between elements of sets of facts and legal conditions that serve as a basis for the origination, amendment and termination of the multitude of legal relations. The author concludes that if there is a special indication of the legislator, legal conditions can be viewed as legal facts that constitute a set of facts.
{"title":"On the Determination of Boundaries of Sets of Facts","authors":"Roman V. Romanov","doi":"10.18572/1812-3805-2024-2-16-23","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-16-23","url":null,"abstract":"The article reviews problems of the determination of boundaries of a set of facts as a system of legal facts. The issue of the establishment of boundaries of a set of facts has been studied in works of multiple Russian and foreign researchers. However, there are still certain issues in this area. The author primarily focuses on the identification of problems of studying and determination of elements of a set of facts in the temporal boundaries and the demarcation between sets of facts and single legal facts. In the paper, the author concludes that sets of facts as systems of single legal facts should have certain boundaries and a set of facts itself has a one-time action character. Besides, another challenging issue is the demarcation between elements of sets of facts and legal conditions that serve as a basis for the origination, amendment and termination of the multitude of legal relations. The author concludes that if there is a special indication of the legislator, legal conditions can be viewed as legal facts that constitute a set of facts.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"141 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139832957","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: 10.18572/1812-3805-2024-2-66-69
Aleksandr N. Chertkov
The article is dedicated to the comprehension of inter-state and intra-state regionalization of contemporary Russia within the framework of the determination of self-identity in the Eurasian space and the improvement of exercising of public government on various levels.
{"title":"Russia and Its Regions in International Regionalization of Eurasia","authors":"Aleksandr N. Chertkov","doi":"10.18572/1812-3805-2024-2-66-69","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-66-69","url":null,"abstract":"The article is dedicated to the comprehension of inter-state and intra-state regionalization of contemporary Russia within the framework of the determination of self-identity in the Eurasian space and the improvement of exercising of public government on various levels.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"87 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139821922","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: 10.18572/1812-3805-2024-2-49-53
Dmitry V. Liventsev
The article examines the place of awards of the countries of the Far East in the state-legal status of the Russian imperial family. In addition, attention is paid to the national history of the Far Eastern foreign policy.
文章探讨了远东国家在俄罗斯皇室国家法律地位中的地位。此外，文章还关注了远东外交政策的国家历史。
{"title":"Far Eastern Awards in the State Law Status of the Russian Ruling Dynasty","authors":"Dmitry V. Liventsev","doi":"10.18572/1812-3805-2024-2-49-53","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-49-53","url":null,"abstract":"The article examines the place of awards of the countries of the Far East in the state-legal status of the Russian imperial family. In addition, attention is paid to the national history of the Far Eastern foreign policy.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"541 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139823909","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: 10.18572/1812-3805-2024-2-2-8
Igor A. Isaev
The article examines the politically significant interpretation of the sovereign’s image as it developed in the Machiavellian tradition of Europe in the XVI–XVII centuries, as well as such categories as ‘the state interest’ and ‘the state of emergency’, which specify the sovereign’s image that retains its importance both in the modern political theory and practice.
{"title":"A Sovereign and Their Extraordinary Position: The Machiavellian Interpretation of the Image","authors":"Igor A. Isaev","doi":"10.18572/1812-3805-2024-2-2-8","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-2-8","url":null,"abstract":"The article examines the politically significant interpretation of the sovereign’s image as it developed in the Machiavellian tradition of Europe in the XVI–XVII centuries, as well as such categories as ‘the state interest’ and ‘the state of emergency’, which specify the sovereign’s image that retains its importance both in the modern political theory and practice.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"48 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139874536","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: 10.18572/1812-3805-2024-2-60-65
Sergey E. Vyltsan
The article contains an analysis of the process of adoption of the Iranian constitution after the Islamic Revolution of 1979, as well as the influence of its features on the content of the adopted constitution. The author considers the legal basis and activities of state bodies and officials within the framework of this process. The article concludes that the original draft of the constitution did not stipulate that the head of state should be the most trained and authoritative theologian, thus, it lacked the most important principle for the modern Iranian state of ‘Velayat-e Faqih’. The author gives an analysis of this project, showing that according to it, it was assumed that the form of government of Iran would be a semi-presidential republic. As a religious specificity, it was proposed to establish religious qualifications for individual officials and create a body of theological control over adopted laws. The article also concludes that the Iranian constitution was formed on the basis of the constitution of the 5th republic in France, and as a result, it contains a significant number of elements similar to it at the present time.
{"title":"History of Adoption of the Constitution of the Islamic Republic of Iran","authors":"Sergey E. Vyltsan","doi":"10.18572/1812-3805-2024-2-60-65","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-60-65","url":null,"abstract":"The article contains an analysis of the process of adoption of the Iranian constitution after the Islamic Revolution of 1979, as well as the influence of its features on the content of the adopted constitution. The author considers the legal basis and activities of state bodies and officials within the framework of this process. The article concludes that the original draft of the constitution did not stipulate that the head of state should be the most trained and authoritative theologian, thus, it lacked the most important principle for the modern Iranian state of ‘Velayat-e Faqih’. The author gives an analysis of this project, showing that according to it, it was assumed that the form of government of Iran would be a semi-presidential republic. As a religious specificity, it was proposed to establish religious qualifications for individual officials and create a body of theological control over adopted laws. The article also concludes that the Iranian constitution was formed on the basis of the constitution of the 5th republic in France, and as a result, it contains a significant number of elements similar to it at the present time.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139873212","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: 10.18572/1812-3805-2024-2-60-65
Sergey E. Vyltsan
The article contains an analysis of the process of adoption of the Iranian constitution after the Islamic Revolution of 1979, as well as the influence of its features on the content of the adopted constitution. The author considers the legal basis and activities of state bodies and officials within the framework of this process. The article concludes that the original draft of the constitution did not stipulate that the head of state should be the most trained and authoritative theologian, thus, it lacked the most important principle for the modern Iranian state of ‘Velayat-e Faqih’. The author gives an analysis of this project, showing that according to it, it was assumed that the form of government of Iran would be a semi-presidential republic. As a religious specificity, it was proposed to establish religious qualifications for individual officials and create a body of theological control over adopted laws. The article also concludes that the Iranian constitution was formed on the basis of the constitution of the 5th republic in France, and as a result, it contains a significant number of elements similar to it at the present time.
{"title":"History of Adoption of the Constitution of the Islamic Republic of Iran","authors":"Sergey E. Vyltsan","doi":"10.18572/1812-3805-2024-2-60-65","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-2-60-65","url":null,"abstract":"The article contains an analysis of the process of adoption of the Iranian constitution after the Islamic Revolution of 1979, as well as the influence of its features on the content of the adopted constitution. The author considers the legal basis and activities of state bodies and officials within the framework of this process. The article concludes that the original draft of the constitution did not stipulate that the head of state should be the most trained and authoritative theologian, thus, it lacked the most important principle for the modern Iranian state of ‘Velayat-e Faqih’. The author gives an analysis of this project, showing that according to it, it was assumed that the form of government of Iran would be a semi-presidential republic. As a religious specificity, it was proposed to establish religious qualifications for individual officials and create a body of theological control over adopted laws. The article also concludes that the Iranian constitution was formed on the basis of the constitution of the 5th republic in France, and as a result, it contains a significant number of elements similar to it at the present time.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"15 27","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139813516","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 : 2024-01-25DOI: 10.18572/1812-3805-2024-1-23-28
V. Turanin, Viktoria V. Nesterenko
In any sphere of life in modern society, communication plays an important role. The legal sphere is no exception, which is characterized by the presence of its own language with its inherent features due to the specific nature of this phenomenon. However, the value of legal language lies not only in the possibility of exchanging legal information between subjects; it has much greater potential. This article is devoted to determining the value of legal language as a unique phenomenon based on the relationship between language and law. Particular attention is paid to its consideration through the prism of various scientific approaches and concepts.
{"title":"The Value of the Legal Language","authors":"V. Turanin, Viktoria V. Nesterenko","doi":"10.18572/1812-3805-2024-1-23-28","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-23-28","url":null,"abstract":"In any sphere of life in modern society, communication plays an important role. The legal sphere is no exception, which is characterized by the presence of its own language with its inherent features due to the specific nature of this phenomenon. However, the value of legal language lies not only in the possibility of exchanging legal information between subjects; it has much greater potential. This article is devoted to determining the value of legal language as a unique phenomenon based on the relationship between language and law. Particular attention is paid to its consideration through the prism of various scientific approaches and concepts.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"22 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496107","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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