Pub Date : 2023-05-11DOI: 10.18572/1812-3805-2023-5-31-35
Dmitry A. Savchenko
The article presents the results of a study of documents that allow us to determine the semantic content of the concept of “vorovstvo” at the initial stages of its application in domestic law. It is concluded that during the specified period, the concept of “vorovstvo” covered offenses related to non-fulfillment of the duty to honestly and unconditionally serve the tsar, to accurately fulfill all his commands.
{"title":"“Theft” in the History of Russian Law: Concept Origination","authors":"Dmitry A. Savchenko","doi":"10.18572/1812-3805-2023-5-31-35","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-31-35","url":null,"abstract":"The article presents the results of a study of documents that allow us to determine the semantic content of the concept of “vorovstvo” at the initial stages of its application in domestic law. It is concluded that during the specified period, the concept of “vorovstvo” covered offenses related to non-fulfillment of the duty to honestly and unconditionally serve the tsar, to accurately fulfill all his commands.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115326207","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 : 2023-05-11DOI: 10.18572/1812-3805-2023-5-15-20
E. V. Razdyakonova
The article considers the theoretical aspects of deliberative democracy, provides a historical analysis of the use of deliberative forms of democracy when discussing important issues of social and political life. It is emphasized that in the context of digitalization and informatization, the expansion of the use of deliberative democracy leads to more rational decisions in the field of public administration. As a result, the author made a conclusion about the legitimacy of the amendments to the Constitution of the Russian Federation of 2020, provided by the all-Russian vote as opposed to the “sham” and “formality” of the nationwide discussion of the constitutional changes of the Soviet period.
{"title":"Deliberative Participation in Constitutional Development of Russia: Theoretical Aspects and Historical Retrospect","authors":"E. V. Razdyakonova","doi":"10.18572/1812-3805-2023-5-15-20","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-15-20","url":null,"abstract":"The article considers the theoretical aspects of deliberative democracy, provides a historical analysis of the use of deliberative forms of democracy when discussing important issues of social and political life. It is emphasized that in the context of digitalization and informatization, the expansion of the use of deliberative democracy leads to more rational decisions in the field of public administration. As a result, the author made a conclusion about the legitimacy of the amendments to the Constitution of the Russian Federation of 2020, provided by the all-Russian vote as opposed to the “sham” and “formality” of the nationwide discussion of the constitutional changes of the Soviet period.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"1 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116812594","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 : 2023-05-11DOI: 10.18572/1812-3805-2023-5-2-5
V. Diev, Elena V. Korotysh
The article reveals the issues of the formation and development of legal education at Novosibirsk State University, as well as the formation of the structure of the Faculty of Law, the current state of training programs in the direction of jurisprudence.
{"title":"Traditions and Novelties in Classical Legal Education","authors":"V. Diev, Elena V. Korotysh","doi":"10.18572/1812-3805-2023-5-2-5","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-2-5","url":null,"abstract":"The article reveals the issues of the formation and development of legal education at Novosibirsk State University, as well as the formation of the structure of the Faculty of Law, the current state of training programs in the direction of jurisprudence.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128202128","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 : 2023-05-11DOI: 10.18572/1812-3805-2023-5-48-52
Elizaveta A. Zharkova
The article discusses the origin, development and consolidation of bioethical principles during medical experiments in various countries in the XX–XXI century. The historical and legal analysis revealed the reasons that influenced the emergence of bioethics. According to the author, biotechnologies are developing rapidly, so legal regulation should be timely in order to prevent human rights violations. The article offers a solution to the gap in the Russian legislation in the field of bioethics.
{"title":"Historical and Legal Development of Bioethics as an Important Element of Biojurisprudence","authors":"Elizaveta A. Zharkova","doi":"10.18572/1812-3805-2023-5-48-52","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-48-52","url":null,"abstract":"The article discusses the origin, development and consolidation of bioethical principles during medical experiments in various countries in the XX–XXI century. The historical and legal analysis revealed the reasons that influenced the emergence of bioethics. According to the author, biotechnologies are developing rapidly, so legal regulation should be timely in order to prevent human rights violations. The article offers a solution to the gap in the Russian legislation in the field of bioethics.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132043273","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 : 2023-05-11DOI: 10.18572/1812-3805-2023-5-53-58
Nadezhda Yu. Chernus
The article соnsideres the evolution of legislation on the protection of citizens’ health in Russia, starting from the second half of XIX century to the present day. Cardinal changes in the approach to the legal regulation of medical care are noted. If initially medical care was provided to citizens as a benefit granted to the population, then in modern legislation medical care is defined as a set of measures aimed at maintaining and (or) restoring health and including the provision of medical services. There is a problem of ensuring a balance of public and private legal regulation of relations on the provision of medical care.
{"title":"Evolution of Laws on Protection of Health of Citizens in the Russian Federation: The Search for the Optimal Legal Regulation Model","authors":"Nadezhda Yu. Chernus","doi":"10.18572/1812-3805-2023-5-53-58","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-53-58","url":null,"abstract":"The article соnsideres the evolution of legislation on the protection of citizens’ health in Russia, starting from the second half of XIX century to the present day. Cardinal changes in the approach to the legal regulation of medical care are noted. If initially medical care was provided to citizens as a benefit granted to the population, then in modern legislation medical care is defined as a set of measures aimed at maintaining and (or) restoring health and including the provision of medical services. There is a problem of ensuring a balance of public and private legal regulation of relations on the provision of medical care.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129280947","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 : 2023-05-11DOI: 10.18572/1812-3805-2023-5-36-43
R. Borovskikh, Alina M. Baksalova
The article deals with the development of the criminal legislation of the Russian Federation on liability for crimes in the sphere of economic activity. These issues are comprehensively covered by the authors in several aspects: criminal-political, legislative, legal-technical and law enforcement. The author’s presentation presents a vision of the main problems of the current stage of development of the system of provisions under consideration.
{"title":"History and Prospects of Development of Criminal Laws of Russia on the Liability for Economic Crimes","authors":"R. Borovskikh, Alina M. Baksalova","doi":"10.18572/1812-3805-2023-5-36-43","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-36-43","url":null,"abstract":"The article deals with the development of the criminal legislation of the Russian Federation on liability for crimes in the sphere of economic activity. These issues are comprehensively covered by the authors in several aspects: criminal-political, legislative, legal-technical and law enforcement. The author’s presentation presents a vision of the main problems of the current stage of development of the system of provisions under consideration.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127763292","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 : 2023-05-11DOI: 10.18572/1812-3805-2023-5-44-47
Yupeng Sun
The article discusses the history of the creation of “smart court” in China. In China, for the first time in the world, an electronic justice system called “smart court” is being implemented. The formation of the “s mart court” has gone through several stages. From the middle of the last century to 2013 — the stage of technical and technological equipment of Chinese ships. From 2017 to 2020, the stage of reasonable justice lasts. Currently, the construction of smart courts in China is at the stage of intellectual justice. The article analyzes the risks and prospects of introducing smart court technology into the Chinese justice system. The conclusion is formulated that the combination of artificial intelligence, judicial experience and the rule of law makes it possible to assess the level and potential of the Chinese judicial system, which is becoming more and more perfect, aimed at ensuring the protection of the legitimate rights of citizens.
{"title":"History and Prospects of Creation of “Smart Courts” in the PRC: Problems of Application of the Artificial Intelligence Technology","authors":"Yupeng Sun","doi":"10.18572/1812-3805-2023-5-44-47","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-44-47","url":null,"abstract":"The article discusses the history of the creation of “smart court” in China. In China, for the first time in the world, an electronic justice system called “smart court” is being implemented. The formation of the “s mart court” has gone through several stages. From the middle of the last century to 2013 — the stage of technical and technological equipment of Chinese ships. From 2017 to 2020, the stage of reasonable justice lasts. Currently, the construction of smart courts in China is at the stage of intellectual justice. The article analyzes the risks and prospects of introducing smart court technology into the Chinese justice system. The conclusion is formulated that the combination of artificial intelligence, judicial experience and the rule of law makes it possible to assess the level and potential of the Chinese judicial system, which is becoming more and more perfect, aimed at ensuring the protection of the legitimate rights of citizens.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"78 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131607654","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 : 2023-05-11DOI: 10.18572/1812-3805-2023-5-21-26
S. E. Drobot
In this paper considers the problems of ensuring democratic participation in the process of constitutional reforms. It is shown that the possibilities of constitutional communication are limited to the discussion by citizens of constitutional projects already submitted by public authorities. There is a need to involve citizens in the process of making constitutional and legal decisions through proactive participation, involving not only discussion of the proposed changes, but also the introduction of their own constitutional projects.
{"title":"Communicative Opportunities for Political Participation in the Constitutional Modernization Mechanism: Retrospective Aspects and Improvement Prospects","authors":"S. E. Drobot","doi":"10.18572/1812-3805-2023-5-21-26","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-21-26","url":null,"abstract":"In this paper considers the problems of ensuring democratic participation in the process of constitutional reforms. It is shown that the possibilities of constitutional communication are limited to the discussion by citizens of constitutional projects already submitted by public authorities. There is a need to involve citizens in the process of making constitutional and legal decisions through proactive participation, involving not only discussion of the proposed changes, but also the introduction of their own constitutional projects.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115601337","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 : 2023-05-11DOI: 10.18572/1812-3805-2023-5-65-69
E. Voronkova, Diana P. Chashtanova
The article examines the evolution of the control of the employer as a factor of an employment relationship. The concepts of “employer’s control” and “algorithmic management” are formulated. The necessity of legislative restriction of the employer’s right to control by establishing criteria for its admissibility is proved.
{"title":"Employer’s Control as an Attribute of a Labor Relation: History and Development Tendencies in the Conditions of Digitalization","authors":"E. Voronkova, Diana P. Chashtanova","doi":"10.18572/1812-3805-2023-5-65-69","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-65-69","url":null,"abstract":"The article examines the evolution of the control of the employer as a factor of an employment relationship. The concepts of “employer’s control” and “algorithmic management” are formulated. The necessity of legislative restriction of the employer’s right to control by establishing criteria for its admissibility is proved.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122455475","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 : 2023-05-11DOI: 10.18572/1812-3805-2023-5-6-14
I. Kravets
The article discusses the legal and methodological foundations of constitutional revolutions, scientific and interpretative approaches to understanding the constitutional revolution in historical and modern jurisprudence, proposes innovations in the legal regulation of constituent power from the standpoint of comparative legal and historical experience for legal transformation and modernization of the legal order.
{"title":"Constitutional Revolutions in the Historical and Modern Jurisprudence: Legal and Methodological Aspects","authors":"I. Kravets","doi":"10.18572/1812-3805-2023-5-6-14","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-6-14","url":null,"abstract":"The article discusses the legal and methodological foundations of constitutional revolutions, scientific and interpretative approaches to understanding the constitutional revolution in historical and modern jurisprudence, proposes innovations in the legal regulation of constituent power from the standpoint of comparative legal and historical experience for legal transformation and modernization of the legal order.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"27 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114017250","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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