Pub Date : 2023-05-11DOI: 10.18572/1812-3805-2023-5-27-30
N. I. Krasnyakov
The author analyzes the elements that make up the imperial paradigm in relation to the sphere of public administration in Russia during the XVIII — early XX centuries. In dialectical unity, systemic-structural, comparative-legal and historical-legal methods are used within the framework of a materialistic approach to states and law. The range of issues concentrating the vision of the evolution of imperial Russia in the political and state sphere is determined. The article examines the implementation of state power in relation to social organization, transformations of the state apparatus in the center and in the regions, the dynamics of the ideological component of statehood.
{"title":"The Imperial Paradigm of Public Administration in Russia in the 18th to the Early 20th Century: The Essence, Research Areas","authors":"N. I. Krasnyakov","doi":"10.18572/1812-3805-2023-5-27-30","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-27-30","url":null,"abstract":"The author analyzes the elements that make up the imperial paradigm in relation to the sphere of public administration in Russia during the XVIII — early XX centuries. In dialectical unity, systemic-structural, comparative-legal and historical-legal methods are used within the framework of a materialistic approach to states and law. The range of issues concentrating the vision of the evolution of imperial Russia in the political and state sphere is determined. The article examines the implementation of state power in relation to social organization, transformations of the state apparatus in the center and in the regions, the dynamics of the ideological component of statehood.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"134 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":"134106673","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: 10.18572/1812-3805-2023-5-59-64
Yana A. Karunnaya
The paper considers the evolution of the category of intellectual property rights, current problems that have arisen in connection with the intensive development and implementation of digital technologies, artificial intelligence. It is shown that the regulations, being addressed to the practice of regulating public relations, are not able to fully ensure their uniform application.
{"title":"Genesis of the Intellectual Rights Category and Transformation of the Intellectual Property Sphere in the Modern Conditions","authors":"Yana A. Karunnaya","doi":"10.18572/1812-3805-2023-5-59-64","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-5-59-64","url":null,"abstract":"The paper considers the evolution of the category of intellectual property rights, current problems that have arisen in connection with the intensive development and implementation of digital technologies, artificial intelligence. It is shown that the regulations, being addressed to the practice of regulating public relations, are not able to fully ensure their uniform application.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"7 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":"121837742","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 : 2023-04-20DOI: 10.18572/1812-3805-2023-4-37-43
Aleksey I. Ovchinnikov
The article presents the tendency of development of metaverses (virtual universes) from the standpoint of “advanced law-making”.
本文从“先进立法”的角度阐述了虚拟世界的发展趋势。
{"title":"Traditional Spiritual and Moral Values, Sovereignty and Legal Regulation of Metaverses","authors":"Aleksey I. Ovchinnikov","doi":"10.18572/1812-3805-2023-4-37-43","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-4-37-43","url":null,"abstract":"The article presents the tendency of development of metaverses (virtual universes) from the standpoint of “advanced law-making”.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"30 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114135541","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 : 2023-04-20DOI: 10.18572/1812-3805-2023-4-54-59
S. Mitina
The article describes mobilization technologies in the Russian Empire of the second half of the XIX century by the example of the application of the Military Service Charter of 1874. The material presented in the article allows us to identify the features of the introduction of military conscription institutions in Russia in the conditions of the abolition of serfdom and the formation of a new type of armed forces.
{"title":"Mobilization Techniques within the Framework of the Military Reform of Alexander II: Based on Materials of the Novgorod Governorate","authors":"S. Mitina","doi":"10.18572/1812-3805-2023-4-54-59","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-4-54-59","url":null,"abstract":"The article describes mobilization technologies in the Russian Empire of the second half of the XIX century by the example of the application of the Military Service Charter of 1874. The material presented in the article allows us to identify the features of the introduction of military conscription institutions in Russia in the conditions of the abolition of serfdom and the formation of a new type of armed forces.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130487284","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 : 2023-04-20DOI: 10.18572/1812-3805-2023-4-29-36
A. Skorobogatov
The article explores the category of historical and law reality as a subject of historical and law knowledge and a special form of law being in the space-temporal continuum.
历史与法律现实是历史与法律知识的主体，是存在于时空连续体中的一种特殊的法律形式。
{"title":"Historical and Legal Reality as a Form of Existence of Law in the Space-Time Continuum","authors":"A. Skorobogatov","doi":"10.18572/1812-3805-2023-4-29-36","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-4-29-36","url":null,"abstract":"The article explores the category of historical and law reality as a subject of historical and law knowledge and a special form of law being in the space-temporal continuum.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"248 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124729560","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 : 2023-04-20DOI: 10.18572/1812-3805-2023-4-15-21
N. Zhavoronkova, Yury G. Shpakovsky
The article reviews the phenomenon of uncertainty in law as a special structural feature of the time and the legal system with formed flexible, mobile links between state and law elements, unity of ambiguity and unambiguity, certainty and uncertainty.
{"title":"Law in the Period of Uncertainty: Problem Setting","authors":"N. Zhavoronkova, Yury G. Shpakovsky","doi":"10.18572/1812-3805-2023-4-15-21","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-4-15-21","url":null,"abstract":"The article reviews the phenomenon of uncertainty in law as a special structural feature of the time and the legal system with formed flexible, mobile links between state and law elements, unity of ambiguity and unambiguity, certainty and uncertainty.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125451541","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 : 2023-04-20DOI: 10.18572/1812-3805-2023-4-7-14
I. Chestnov
The author of the article words prospects of post-classical studies of law as a research program, which stipulates anthropologism, constructionism, relativism and contextualism, practical, milestone and symbolic measurement of legal reality that has multiple facets and is potentially limitless in its external manifestations.
{"title":"Post-Classical Studies of Law: Prospects of the Research Program","authors":"I. Chestnov","doi":"10.18572/1812-3805-2023-4-7-14","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-4-7-14","url":null,"abstract":"The author of the article words prospects of post-classical studies of law as a research program, which stipulates anthropologism, constructionism, relativism and contextualism, practical, milestone and symbolic measurement of legal reality that has multiple facets and is potentially limitless in its external manifestations.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134323954","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 : 2023-04-20DOI: 10.18572/1812-3805-2023-4-65-69
Ekaterina G. Kogan
The article examines the main aspects of law-making carried out by the Supreme Court of the United States through the formation of constitutional doctrines. The relevance of the work is due to the fact that the study of issues related to the development of American constitutional law from the point of view of the contribution of judicial law-making can be useful in solving multidimensional problems of law-making and law enforcement of various states, including the Russian Federation, despite the lack of a unified approach. The author, using the historical and system-structural method, reveals fundamental approaches to the creation and amendment of the US Constitution, carries out a theoretical analysis of the main mechanisms of the development of the US Constitution, which occurs through the interpretation of its provisions by the Supreme Court, after which they (provisions) without formal change acquire special legal significance in the modern socio-legal sense. Reveals the mechanisms of the formation of a ‘living’ constitution, conditioned by the interpretations of the Supreme Court of the United States, as elements of law-making. States that the phenomenon of lawmaking of the Supreme Court in the United States is due to legal convergence, and is not limited exclusively to interpretations and interpretations within the framework of doctrines, but is directly related to precedents in court decisions. Concludes that the US Supreme Court plays a huge role in the development of constitutional provisions, despite the fact that lawmaking is not officially defined by its main function.
{"title":"On Constitutional Law Making of the U.S. Supreme Court in the Historical and Legal Framework","authors":"Ekaterina G. Kogan","doi":"10.18572/1812-3805-2023-4-65-69","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-4-65-69","url":null,"abstract":"The article examines the main aspects of law-making carried out by the Supreme Court of the United States through the formation of constitutional doctrines. The relevance of the work is due to the fact that the study of issues related to the development of American constitutional law from the point of view of the contribution of judicial law-making can be useful in solving multidimensional problems of law-making and law enforcement of various states, including the Russian Federation, despite the lack of a unified approach. The author, using the historical and system-structural method, reveals fundamental approaches to the creation and amendment of the US Constitution, carries out a theoretical analysis of the main mechanisms of the development of the US Constitution, which occurs through the interpretation of its provisions by the Supreme Court, after which they (provisions) without formal change acquire special legal significance in the modern socio-legal sense. Reveals the mechanisms of the formation of a ‘living’ constitution, conditioned by the interpretations of the Supreme Court of the United States, as elements of law-making. States that the phenomenon of lawmaking of the Supreme Court in the United States is due to legal convergence, and is not limited exclusively to interpretations and interpretations within the framework of doctrines, but is directly related to precedents in court decisions. Concludes that the US Supreme Court plays a huge role in the development of constitutional provisions, despite the fact that lawmaking is not officially defined by its main function.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"412 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131726053","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 : 2023-04-20DOI: 10.18572/1812-3805-2023-4-44-49
Anna S. Konopy
The article determines historical regularities of development of the legal system of the PRC, justifies that preservation of legal traditions, spiritual and moral framework in the conditions of the establishment of the digital paradigm of law is the most efficient approach to building of a digital law-governed state.
{"title":"Modernization of Law and Preservation of Historical Continuity (Experience of the PRC)","authors":"Anna S. Konopy","doi":"10.18572/1812-3805-2023-4-44-49","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-4-44-49","url":null,"abstract":"The article determines historical regularities of development of the legal system of the PRC, justifies that preservation of legal traditions, spiritual and moral framework in the conditions of the establishment of the digital paradigm of law is the most efficient approach to building of a digital law-governed state.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134636786","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 : 2023-04-20DOI: 10.18572/1812-3805-2023-4-60-64
Galina V. Arsenyeva, Irina S. Khramova
The article presents a retrospective view on the Russian laws of the second half of the 19th to the early 20th century aimed at regulation of protection of working-age population from unemployment. The authors review the measures taken by the state to support unemployed citizens. Attention is focused on the labor regulation features during the Soviet period (overcoming the unemployment problem, introduction of liability for parasitic lifestyle).
{"title":"State Law Means of Combating Unemployment in Russia as a Legal Security Element: A Retrospective View on the Laws (the Second Half of the 19th to the Early 20th Century)","authors":"Galina V. Arsenyeva, Irina S. Khramova","doi":"10.18572/1812-3805-2023-4-60-64","DOIUrl":"https://doi.org/10.18572/1812-3805-2023-4-60-64","url":null,"abstract":"The article presents a retrospective view on the Russian laws of the second half of the 19th to the early 20th century aimed at regulation of protection of working-age population from unemployment. The authors review the measures taken by the state to support unemployed citizens. Attention is focused on the labor regulation features during the Soviet period (overcoming the unemployment problem, introduction of liability for parasitic lifestyle).","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122100856","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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