Pub Date : 2023-06-01DOI: 10.18572/1812-3805-2023-6-21-28
Tatiana Y. Ampleeva
The article examines the process of formation and development of the concept of crime in the system of law of the Ancient Russian state. The role and significance of legal custom and princely legislation in the process of formation of the all-Russian judicial and legal space is determined.
{"title":"Formation of the Сoncept of Сrime in Ancient Russian Jurisprudence","authors":"Tatiana Y. Ampleeva","doi":"10.18572/1812-3805-2023-6-21-28","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-6-21-28","url":null,"abstract":"The article examines the process of formation and development of the concept of crime in the system of law of the Ancient Russian state. The role and significance of legal custom and princely legislation in the process of formation of the all-Russian judicial and legal space is determined.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126082097","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 : 2023-06-01DOI: 10.18572/1812-3805-2023-6-16-20
I. Isaev
The article makes an attempt at moving away from the understanding of the constitution as a written regulation and showing another semantic and value-based content “hidden” in the Fundamental Law. It is associated with the deep-laid culture of the religious, ethnic and political tradition characteristic of the given society and people.
{"title":"The Constitution and the Hidden Tradition","authors":"I. Isaev","doi":"10.18572/1812-3805-2023-6-16-20","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-6-16-20","url":null,"abstract":"The article makes an attempt at moving away from the understanding of the constitution as a written regulation and showing another semantic and value-based content “hidden” in the Fundamental Law. It is associated with the deep-laid culture of the religious, ethnic and political tradition characteristic of the given society and people.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"158 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124495027","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 : 2023-06-01DOI: 10.18572/1812-3805-2023-6-29-34
Oleg B. Kvachadze
In the article, a study was carried out on the key stages of the legal consolidation of political human rights in the medieval law of Italian cities. The first stage was characterized by a political confrontation between territorial feuds and the merchant-patrician elite of the city, the second — by the intervention of the supreme suzerain of Italian lands in urban affairs, the third by a conflict between various bourgeois elements of the medieval society of Italy. As a result, the author concludes that the first two stages had common features in almost all cities of medieval Italy, the third — led in each individual city to different political consequences.
{"title":"The Concept of Political Rights of an Individual under the Law of Medieval Italian Cities in the 11th to the 14th Century","authors":"Oleg B. Kvachadze","doi":"10.18572/1812-3805-2023-6-29-34","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-6-29-34","url":null,"abstract":"In the article, a study was carried out on the key stages of the legal consolidation of political human rights in the medieval law of Italian cities. The first stage was characterized by a political confrontation between territorial feuds and the merchant-patrician elite of the city, the second — by the intervention of the supreme suzerain of Italian lands in urban affairs, the third by a conflict between various bourgeois elements of the medieval society of Italy. As a result, the author concludes that the first two stages had common features in almost all cities of medieval Italy, the third — led in each individual city to different political consequences.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124198509","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 : 2023-06-01DOI: 10.18572/1812-3805-2023-6-43-47
Ilya S. Chibisov
The present study examines the concept of legal socialization of personality, outlined by the Russian legal scholar N.E. Chizhov (1853–1910). The author carries out the study of aspects of the inclusion of personality in the system of public relations, its legal socialization, based on the history of human development. At different stages of the development of society, N.E. Chizhov characterizes the development of law, which is an internal, spiritual source of a person. The scientist concludes that only by turning to himself, a free person can be imbued with an ethical law (the basis of which is duty and conscience), and then build his practical life activity, in which there will be a healthy, reliable right that protects the individual and gives strength. The author of the article concludes about the demand in modern conditions scientific knowledge of N.E. Chizhov. In the development of his concept for the modern personality, it is proposed to realize such social and moral values as faith, love, patriotism, self-esteem.
{"title":"The Essence of Legal Socialization of an Individual in the N.E. Chizhov’s Concept","authors":"Ilya S. Chibisov","doi":"10.18572/1812-3805-2023-6-43-47","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-6-43-47","url":null,"abstract":"The present study examines the concept of legal socialization of personality, outlined by the Russian legal scholar N.E. Chizhov (1853–1910). The author carries out the study of aspects of the inclusion of personality in the system of public relations, its legal socialization, based on the history of human development. At different stages of the development of society, N.E. Chizhov characterizes the development of law, which is an internal, spiritual source of a person. The scientist concludes that only by turning to himself, a free person can be imbued with an ethical law (the basis of which is duty and conscience), and then build his practical life activity, in which there will be a healthy, reliable right that protects the individual and gives strength. The author of the article concludes about the demand in modern conditions scientific knowledge of N.E. Chizhov. In the development of his concept for the modern personality, it is proposed to realize such social and moral values as faith, love, patriotism, self-esteem.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117290985","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 : 2023-06-01DOI: 10.18572/1812-3805-2023-6-2-8
Valery P. Malakhov
The article attempts to find answers to the following questions: 1) what kind of law is spoken about when the question of legal understanding is raised; 2) does any meaning of the concept of law allow to form a legal understanding; 3) is it possible and should we develop an understanding of law in general, as a kind of generalizing, universal in relation to different forms, types, types and contexts of law?
{"title":"Legal Understanding as a Conceptual Act","authors":"Valery P. Malakhov","doi":"10.18572/1812-3805-2023-6-2-8","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-6-2-8","url":null,"abstract":"The article attempts to find answers to the following questions: 1) what kind of law is spoken about when the question of legal understanding is raised; 2) does any meaning of the concept of law allow to form a legal understanding; 3) is it possible and should we develop an understanding of law in general, as a kind of generalizing, universal in relation to different forms, types, types and contexts of law?","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128774051","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 : 2023-06-01DOI: 10.18572/1812-3805-2023-6-64-68
Natalya V. Koloshinskaya
The article attempts to analyze the effectiveness of the ‘complex’ system of combating vagrancy in the USSR, which, according to some researchers, was formed in the 1950s–1960s and allowed, according to their estimates, to minimize the scale of this negative dangerous phenomenon. The author emphasizes the importance of the state-legal measures taken to counter crime in general, including such dangerous phenomena as vagrancy and begging. Problems of an organizational, legal and socio-economic nature that are directly related to the fight against vagrancy in the country in the 1970s and early 1990s are singled out and consistently considered. An assessment is given of the role of local executive authorities designed to solve many problems of preventing such phenomena as drunkenness, evasion of alimony, parasitism, vagrancy, etc.
{"title":"Vagrancy as a Social and Criminological Problem and Combating Thereof in the USSR in the Early 1970s to the 1990s","authors":"Natalya V. Koloshinskaya","doi":"10.18572/1812-3805-2023-6-64-68","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-6-64-68","url":null,"abstract":"The article attempts to analyze the effectiveness of the ‘complex’ system of combating vagrancy in the USSR, which, according to some researchers, was formed in the 1950s–1960s and allowed, according to their estimates, to minimize the scale of this negative dangerous phenomenon. The author emphasizes the importance of the state-legal measures taken to counter crime in general, including such dangerous phenomena as vagrancy and begging. Problems of an organizational, legal and socio-economic nature that are directly related to the fight against vagrancy in the country in the 1970s and early 1990s are singled out and consistently considered. An assessment is given of the role of local executive authorities designed to solve many problems of preventing such phenomena as drunkenness, evasion of alimony, parasitism, vagrancy, etc.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130997769","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 : 2023-06-01DOI: 10.18572/1812-3805-2023-6-35-42
R. Abdulin
The object of the article’s research is the process of the emergence and development of the concept of “judicial management”. The subject of the study is the issues of the formation of the system of public administration in the judicial sphere in various historical conditions, their features at different stages of development, the originality of formulations denoting judicial management before the emergence of such a concept. The scientific novelty of the article consists in the fact that the author summarizes and systematizes theoretical knowledge on the formation and development of the concept of ‘judicial management’, explores the terminological features and principles of modern judicial management. All this made it possible to objectively assess the process of formation and development of judicial management, to see its new facets, the categorical apparatus reflecting the content of the concept of ‘judicial management’. The main methods of research of the topic of the article were historical-legal and formal-logical methods with the help of which the characteristic properties of such a phenomenon as ‘judicial management’ were learned.
{"title":"The Origination and Evolution of the Judicial Administration Term","authors":"R. Abdulin","doi":"10.18572/1812-3805-2023-6-35-42","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-6-35-42","url":null,"abstract":"The object of the article’s research is the process of the emergence and development of the concept of “judicial management”. The subject of the study is the issues of the formation of the system of public administration in the judicial sphere in various historical conditions, their features at different stages of development, the originality of formulations denoting judicial management before the emergence of such a concept. The scientific novelty of the article consists in the fact that the author summarizes and systematizes theoretical knowledge on the formation and development of the concept of ‘judicial management’, explores the terminological features and principles of modern judicial management. All this made it possible to objectively assess the process of formation and development of judicial management, to see its new facets, the categorical apparatus reflecting the content of the concept of ‘judicial management’. The main methods of research of the topic of the article were historical-legal and formal-logical methods with the help of which the characteristic properties of such a phenomenon as ‘judicial management’ were learned.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"264 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134276224","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 : 2023-06-01DOI: 10.18572/1812-3805-2023-6-9-15
Firuzsho K. Nazarshoev
The article considers the ‘ideal type’ as a separate mental construct that was used by various sociologists in order to structure the empirical reality to which their scientific interest was directed. The phrase ‘ideal type’ is a mysterious phenomenon of Weber’s methodology. You can talk about it only by using ‘quotation marks’. This word is clearly not up to the status of a scientific term, since Weber did not offer any definitive definition of the ‘ideal type’. He offered only some descriptions or examples of how an ‘ideal type’ might ‘work’ in a particular case.
{"title":"The Ideal Type as a Max Weber’s Separate Thinking Structure","authors":"Firuzsho K. Nazarshoev","doi":"10.18572/1812-3805-2023-6-9-15","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-6-9-15","url":null,"abstract":"The article considers the ‘ideal type’ as a separate mental construct that was used by various sociologists in order to structure the empirical reality to which their scientific interest was directed. The phrase ‘ideal type’ is a mysterious phenomenon of Weber’s methodology. You can talk about it only by using ‘quotation marks’. This word is clearly not up to the status of a scientific term, since Weber did not offer any definitive definition of the ‘ideal type’. He offered only some descriptions or examples of how an ‘ideal type’ might ‘work’ in a particular case.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122833744","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 : 2023-06-01DOI: 10.18572/1812-3805-2023-6-48-56
A. Khisamutdinov
The article is devoted to the issues of self-government of indigenous peoples, which were dealt with by the famous traveler Vladimir Klavdievich Arseniev (1872, St. Petersburg — 1930, Vladivostok). In part, these ideas first appeared on the pages of his complex expeditions (1906–1910). As a commissioner for foreign affairs of the Provisional Government, he completely immersed himself in this problem (1917). In Soviet times, the scientist continued to deal with these issues. Unfortunately, almost none of Arseniev’s recommendations were implemented. The main reason for this was the tsarist and Soviet bureaucracy. Globalization and the assimilation problems associated with it are complex issues in the Russian Far East. It is especially important to remember this in the year of the 150th anniversary of the birth of V.K. Arseniev. The article based the book and archival collection of the scientist, stored in the Society for the Study of the Amur Territory (OIAK) in Vladivostok.
{"title":"V.K. Arsenyev on Self-Government of Indigenous Peoples of the Russian Far East","authors":"A. Khisamutdinov","doi":"10.18572/1812-3805-2023-6-48-56","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-6-48-56","url":null,"abstract":"The article is devoted to the issues of self-government of indigenous peoples, which were dealt with by the famous traveler Vladimir Klavdievich Arseniev (1872, St. Petersburg — 1930, Vladivostok). In part, these ideas first appeared on the pages of his complex expeditions (1906–1910). As a commissioner for foreign affairs of the Provisional Government, he completely immersed himself in this problem (1917). In Soviet times, the scientist continued to deal with these issues. Unfortunately, almost none of Arseniev’s recommendations were implemented. The main reason for this was the tsarist and Soviet bureaucracy. Globalization and the assimilation problems associated with it are complex issues in the Russian Far East. It is especially important to remember this in the year of the 150th anniversary of the birth of V.K. Arseniev. The article based the book and archival collection of the scientist, stored in the Society for the Study of the Amur Territory (OIAK) in Vladivostok.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126157424","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 : 2023-06-01DOI: 10.18572/1812-3805-2023-6-57-63
V. Voropanov
The subject of this study is the bodies of justice that operated in the second half of the 17th and the first half of the 18th centuries in the Little Russia and Slobodskaya Ukraine. The novelty of the study lies in the author’s the desire to cover the variety of forms of administration of justice used to regulate social relations and integrate areas. The author substantiated the idea that the supreme power successfully used the provision of jurisdiction to the Cossack bodies in order not only to maintain the effectiveness of local justice systems, but also to consistently unify them.
{"title":"Development of Justice Authority Systems in Little Russia and Sloboda Ukraine as a Means of Their Integration into Russia in the Second Half of the 17th to the First Half of the 18th Century","authors":"V. Voropanov","doi":"10.18572/1812-3805-2023-6-57-63","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-6-57-63","url":null,"abstract":"The subject of this study is the bodies of justice that operated in the second half of the 17th and the first half of the 18th centuries in the Little Russia and Slobodskaya Ukraine. The novelty of the study lies in the author’s the desire to cover the variety of forms of administration of justice used to regulate social relations and integrate areas. The author substantiated the idea that the supreme power successfully used the provision of jurisdiction to the Cossack bodies in order not only to maintain the effectiveness of local justice systems, but also to consistently unify them.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128575097","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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