Pub Date : 2022-12-01DOI: 10.22394/2074-7306-2022-1-4-35-40
During the Caucasian War (1763–1864), a stereotype that still exists today was formed: amanat is a hostage. In fact, this historicism was polysemantic. The historical term "amanat" was borrowed into Russian at the beginning of the 17th century meaning "diplomatic hostage". This article provides an analysis that reveals its connection with customary law (the custom of amanatism) and with the political culture (the institution of diplomatic hostage-taking / amanatism) of many peoples of the world.
{"title":"INSTITUTE OF AMANATISM IN THE POLITICAL CULTURE OF THE AMBASSADORIAL PERIOD","authors":"","doi":"10.22394/2074-7306-2022-1-4-35-40","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-4-35-40","url":null,"abstract":"During the Caucasian War (1763–1864), a stereotype that still exists today was formed: amanat is a hostage. In fact, this historicism was polysemantic. The historical term \"amanat\" was borrowed into Russian at the beginning of the 17th century meaning \"diplomatic hostage\". This article provides an analysis that reveals its connection with customary law (the custom of amanatism) and with the political culture (the institution of diplomatic hostage-taking / amanatism) of many peoples of the world.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46485110","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 : 2022-12-01DOI: 10.22394/2074-7306-2022-1-4-41-46
The article is devoted to revealing the role of revolutionary legal consciousness in the regulation of Soviet social relations in 1917-1928. The author shows the evolution of revolutionary legal consciousness from a temporary, designed for a period of transition to socialism, to a permanent source of law. The article determines the place of revolutionary legal consciousness in the system of sources of Soviet law and concludes that from 1917 to 1920 revolutionary legal consciousness was the main means of ensuring the unity of lawmaking and law enforcement. Transformed in the early 20s into socialist legal consciousness, it retained the role of a source of Soviet law and a guiding basis in the legal activities of Soviet legislators and law enforcers, primarily judges, throughout the entire period of the existence of the Soviet state.
{"title":"THE PLACE OF REVOLUTIONARY LEGAL CONSCIOUSNESS IN THE SYSTEM OF SOURCES OF LAW OF THE SOVIET STATE (1917–1928)","authors":"","doi":"10.22394/2074-7306-2022-1-4-41-46","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-4-41-46","url":null,"abstract":"The article is devoted to revealing the role of revolutionary legal consciousness in the regulation of Soviet social relations in 1917-1928. The author shows the evolution of revolutionary legal consciousness from a temporary, designed for a period of transition to socialism, to a permanent source of law. The article determines the place of revolutionary legal consciousness in the system of sources of Soviet law and concludes that from 1917 to 1920 revolutionary legal consciousness was the main means of ensuring the unity of lawmaking and law enforcement. Transformed in the early 20s into socialist legal consciousness, it retained the role of a source of Soviet law and a guiding basis in the legal activities of Soviet legislators and law enforcers, primarily judges, throughout the entire period of the existence of the Soviet state.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47153362","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 : 2022-12-01DOI: 10.22394/2074-7306-2022-1-4-131-137
Тымчук Юлия Александровна
This article examines the peculiarities of notarial certification of transactions against the background of the introduction of martial law in new constituent entities of the Russian Federation (Donetsk, Lugansk People's Republics, Kherson and Zaporozhye regions). The absence of legal norms was revealed that allow mobilized individuals to notarize the transaction, if such a need arose after leaving for the SVO zone in Ukraine, including the territory of new constituent entities of the Russian Federation. The specifics of the application of legislation on notarial activities during the transition period have been determined. Proposals have been formulated to improve the current legislation in the field of notarial certification of transactions for the purpose of adapting to the current needs of subjects of civil circulation.
{"title":"NOTARIAL CERTIFICATION OF TRANSACTIONS UNDER MARTIAL LAW","authors":"Тымчук Юлия Александровна","doi":"10.22394/2074-7306-2022-1-4-131-137","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-4-131-137","url":null,"abstract":"This article examines the peculiarities of notarial certification of transactions against the background of the introduction of martial law in new constituent entities of the Russian Federation (Donetsk, Lugansk People's Republics, Kherson and Zaporozhye regions). The absence of legal norms was revealed that allow mobilized individuals to notarize the transaction, if such a need arose after leaving for the SVO zone in Ukraine, including the territory of new constituent entities of the Russian Federation. The specifics of the application of legislation on notarial activities during the transition period have been determined. Proposals have been formulated to improve the current legislation in the field of notarial certification of transactions for the purpose of adapting to the current needs of subjects of civil circulation.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42330732","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 : 2022-12-01DOI: 10.22394/2074-7306-2022-1-4-65-72
The level of development of Russian management today requires the development and practical implementation of personnel motivation systems. At the moment, there are a huge number of techniques and technologies to improve management efficiency, but to a greater extent they are aimed at application in the business environment. The problem of the lack of a system for evaluating the performance indicators of public civil servants is characterized by an enduring scientific and practical significance. In this regard, in this article we have revealed the concept of key performance indicators, identified approaches to its development. An analysis of the best practices of the constituent entities of the Russian Federation in the application of KPI in the authorities is given. An assessment was made of the possibilities of introducing the KPI system into the activities of the Ministry of Physical Culture and Sports of the Rostov Region. It also presents a design solution for the development of a KPI system for the considered authority, its structural divisions.
{"title":"DEVELOPMENT OF PROPOSALS FOR THE FORMATION OF A KPI SYSTEM FOR STRUCTURAL DIVISIONS OF THE MINISTRY OF PHYSICAL CULTURE AND SPORTS OF THE ROSTOV REGION","authors":"","doi":"10.22394/2074-7306-2022-1-4-65-72","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-4-65-72","url":null,"abstract":"The level of development of Russian management today requires the development and practical implementation of personnel motivation systems. At the moment, there are a huge number of techniques and technologies to improve management efficiency, but to a greater extent they are aimed at application in the business environment. The problem of the lack of a system for evaluating the performance indicators of public civil servants is characterized by an enduring scientific and practical significance. In this regard, in this article we have revealed the concept of key performance indicators, identified approaches to its development. An analysis of the best practices of the constituent entities of the Russian Federation in the application of KPI in the authorities is given. An assessment was made of the possibilities of introducing the KPI system into the activities of the Ministry of Physical Culture and Sports of the Rostov Region. It also presents a design solution for the development of a KPI system for the considered authority, its structural divisions.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44915599","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 : 2022-12-01DOI: 10.22394/2074-7306-2022-1-4-9-20
Трапш Николай Алексеевич, Фролов Юрий Александрович, Шафранова Ольга Ивановна
This article is devoted to a systematic analysis of modern approaches related to the qualitative reception of the legal ideas of G.F.V. Hegel. Particular attention is paid to the permanent interaction of state institutions and civil society, integrated by the fundamental phenomenon of the national spirit. The authors consider the constructive transformations of the Hegelian ideal state, positioned as a natural embodiment of individual and collective freedom. The original interpretation of the legal subject, formed by an outstanding German thinker, receives a systematic assessment. The Hegelian concept of constructed law is evaluated from practical positions that determine the organic synthesis of professional rule-making and mass legal consciousness. The author's perspective also includes the legal axiology of the famous philosopher, which includes systemic ideas about the differentiated interaction of moral and normative mechanisms of social regulation. Methodological reflection is based on a qualitative analysis of classical binary oppositions and logical triads, characteristic of Hegelian philosophy and adapted to a comprehensive assessment of public and private law. The epistemological potential of the philosophical and legal part of Hegel's intellectual heritage is characterized as the optimal foundation for modern research practice, directed to a comprehensive study of Russian society and state institutions.
{"title":"TOPICAL QUESTIONS OF THE PHILOSOPHY OF LAW G.V.F. HEGEL: MODERN EXPERIENCE IN RESEARCH RECEPTION","authors":"Трапш Николай Алексеевич, Фролов Юрий Александрович, Шафранова Ольга Ивановна","doi":"10.22394/2074-7306-2022-1-4-9-20","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-4-9-20","url":null,"abstract":"This article is devoted to a systematic analysis of modern approaches related to the qualitative reception of the legal ideas of G.F.V. Hegel. Particular attention is paid to the permanent interaction of state institutions and civil society, integrated by the fundamental phenomenon of the national spirit. The authors consider the constructive transformations of the Hegelian ideal state, positioned as a natural embodiment of individual and collective freedom. The original interpretation of the legal subject, formed by an outstanding German thinker, receives a systematic assessment. The Hegelian concept of constructed law is evaluated from practical positions that determine the organic synthesis of professional rule-making and mass legal consciousness. The author's perspective also includes the legal axiology of the famous philosopher, which includes systemic ideas about the differentiated interaction of moral and normative mechanisms of social regulation. Methodological reflection is based on a qualitative analysis of classical binary oppositions and logical triads, characteristic of Hegelian philosophy and adapted to a comprehensive assessment of public and private law. The epistemological potential of the philosophical and legal part of Hegel's intellectual heritage is characterized as the optimal foundation for modern research practice, directed to a comprehensive study of Russian society and state institutions.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45190090","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 : 2022-12-01DOI: 10.22394/2074-7306-2022-1-4-29-34
Немыкина Олеся Евгеньевна
Since the adoption of the current Constitution of the Russian Federation, two most important constitutional provisions have been at the forefront of the activities of our state, namely, that in the basic law of our country, it is declared as right, and human rights and freedoms are proclaimed as the main value. At the same time, the interrelationship and interdependence of the state and fundamental rights are not fully realized both in society and in the scientific environment. In addition, there are also judgments that fundamental rights and freedoms are incompatible with the very essence of the state as such. The rule of law is an integral part of the modern doctrine of the fundamental rights and freedoms of man and citizen, respectively, the demand for research on their relationship is unconditional. Interest in the concept of human rights and the rule of law extends from individuals and groups to academia, parliaments, governments, NGOs and NGOs, as well as from political philosophy to political science and international relations.
{"title":"THE ROLE OF THE RULE OF LAW IN THE SPHERE OF COMPLIANCE WITH THE MECHANISM FOR THE IMPLEMENTATION AND PROTECTION OF HUMAN RIGHTS","authors":"Немыкина Олеся Евгеньевна","doi":"10.22394/2074-7306-2022-1-4-29-34","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-4-29-34","url":null,"abstract":"Since the adoption of the current Constitution of the Russian Federation, two most important constitutional provisions have been at the forefront of the activities of our state, namely, that in the basic law of our country, it is declared as right, and human rights and freedoms are proclaimed as the main value. At the same time, the interrelationship and interdependence of the state and fundamental rights are not fully realized both in society and in the scientific environment. In addition, there are also judgments that fundamental rights and freedoms are incompatible with the very essence of the state as such. The rule of law is an integral part of the modern doctrine of the fundamental rights and freedoms of man and citizen, respectively, the demand for research on their relationship is unconditional. Interest in the concept of human rights and the rule of law extends from individuals and groups to academia, parliaments, governments, NGOs and NGOs, as well as from political philosophy to political science and international relations.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47089619","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 : 2022-12-01DOI: 10.22394/2074-7306-2022-1-4-117-124
The article analyzes the legal regulation of the implementation of the sign of coercion in the law enforcement activities of special state bodies, the types of which are defined as criminal procedural, administrative-legal, operational-search, control and supervisory activities. The general tasks of this activity are substantiated, consisting in the identification and suppression of offenses, the identification of the persons who committed them, the comprehensive, complete, objective and timely clarification of the circumstances of each case, ensuring the correct application of the law. The conclusion is formulated that coercion is not a common (universal) feature for all special bodies that carry out law enforcement activities.
{"title":"COERCION AS A SIGN OF LAW ENFORCEMENT ACTIVITIES OF SPECIAL STATE BODIES","authors":"","doi":"10.22394/2074-7306-2022-1-4-117-124","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-4-117-124","url":null,"abstract":"The article analyzes the legal regulation of the implementation of the sign of coercion in the law enforcement activities of special state bodies, the types of which are defined as criminal procedural, administrative-legal, operational-search, control and supervisory activities. The general tasks of this activity are substantiated, consisting in the identification and suppression of offenses, the identification of the persons who committed them, the comprehensive, complete, objective and timely clarification of the circumstances of each case, ensuring the correct application of the law. The conclusion is formulated that coercion is not a common (universal) feature for all special bodies that carry out law enforcement activities.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"124 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41260008","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 : 2022-12-01DOI: 10.22394/2074-7306-2022-1-4-125-130
Recently, there has been a worldwide trend of increasing the minimum age of marriage. In Russia, it is not directly established by law. Marriage with a person who has not reached the age of 16 is concluded only if there are valid reasons, and the subjects of the Russian Federation are authorized to determine a list of special circumstances in which the specified age can be reduced to 14 years at all (paragraph 2 and 3 of Article 13 of the Family Code of the Russian Federation). The authors have proposed a number of solutions aimed at eliminating the conflict of criminal and family legislation.
{"title":"LEGAL CONFLICTS OF REGISTRATION OF MARRIAGES OF MINOR CITIZENS: ANALYSIS OF THE EXPERIENCE AND EXPERIENCE OF CIVIL REGISTRY OFFICES","authors":"","doi":"10.22394/2074-7306-2022-1-4-125-130","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-4-125-130","url":null,"abstract":"Recently, there has been a worldwide trend of increasing the minimum age of marriage. In Russia, it is not directly established by law. Marriage with a person who has not reached the age of 16 is concluded only if there are valid reasons, and the subjects of the Russian Federation are authorized to determine a list of special circumstances in which the specified age can be reduced to 14 years at all (paragraph 2 and 3 of Article 13 of the Family Code of the Russian Federation). The authors have proposed a number of solutions aimed at eliminating the conflict of criminal and family legislation.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46568131","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}
The purpose of this article is to clarify the possibilities of bringing a single conceptual basis under the historical (retrospective) and current (perspective) analysis of the problems of cultural and historical identity of the peoples of the North Caucasus. This implies a shift in focus from the search for the "principle of order" – features of primordial and stable socio-cultural identity, inevitably closed by the horizon of traditional culture, to the search for the "principle of development" – specific mechanisms of socio-cultural dynamics (changes, transformations), embodying the interaction of endogenous and exogenous development factors that mutually connect the past, present and future in the North Caucasian cultural and historical process.
{"title":"CULTURAL AND HISTORICAL IDENTITY IN THE NORTH CAUCASUS IN THE CONTEXT OF PAST AND PRESENT","authors":"Боров Аслан Хажисмелович, Дзамихов Касболат Фицевич","doi":"10.22394/2074-7306-2022-1-3-37-43","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-37-43","url":null,"abstract":"The purpose of this article is to clarify the possibilities of bringing a single conceptual basis under the historical (retrospective) and current (perspective) analysis of the problems of cultural and historical identity of the peoples of the North Caucasus. This implies a shift in focus from the search for the \"principle of order\" – features of primordial and stable socio-cultural identity, inevitably closed by the horizon of traditional culture, to the search for the \"principle of development\" – specific mechanisms of socio-cultural dynamics (changes, transformations), embodying the interaction of endogenous and exogenous development factors that mutually connect the past, present and future in the North Caucasian cultural and historical process.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49012102","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 : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-108-114
Лемешкина Екатерина Алексеевна
The article raises the issue of bringing a judge to civil liability and the problems of its practical implementation arising in this regard. The article analyzes the grounds and necessary conditions for bringing judges to civil liability in the event of an illegal conviction of a citizen or the illegal use by the court of such preventive measures established by criminal procedure legislation as detention or a subscription not to leave.
{"title":"THE PHENOMENON OF CIVIL LIABILITY OF JUDGES","authors":"Лемешкина Екатерина Алексеевна","doi":"10.22394/2074-7306-2022-1-3-108-114","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-108-114","url":null,"abstract":"The article raises the issue of bringing a judge to civil liability and the problems of its practical implementation arising in this regard. The article analyzes the grounds and necessary conditions for bringing judges to civil liability in the event of an illegal conviction of a citizen or the illegal use by the court of such preventive measures established by criminal procedure legislation as detention or a subscription not to leave.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45860317","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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