Pub Date : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-78-84
Данилов Андрей Геннадьевич
In the article, the author, perhaps for the first time, compares certain facts of M. M. Speransky’s life and work with the actions of such major Russian politicians as A. L. Ordin-Nashchokin, V. V. Golitsyn, M. T. Loris-Melikov and others. Such a comparison (behind despite seemingly isolated cases from the lives of people, separated from each other for decades, and sometimes even centuries) allows to identify some recurring moments, phenomena, features of the public service, organization of power and management in Russia.
{"title":"M.M. SPERANSKY AND POWER: SOME LESSONS","authors":"Данилов Андрей Геннадьевич","doi":"10.22394/2074-7306-2022-1-3-78-84","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-78-84","url":null,"abstract":"In the article, the author, perhaps for the first time, compares certain facts of M. M. Speransky’s life and work with the actions of such major Russian politicians as A. L. Ordin-Nashchokin, V. V. Golitsyn, M. T. Loris-Melikov and others. Such a comparison (behind despite seemingly isolated cases from the lives of people, separated from each other for decades, and sometimes even centuries) allows to identify some recurring moments, phenomena, features of the public service, organization of power and management in Russia.","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":"43543727","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: 10.22394/2074-7306-2022-1-3-73-77
Ларионов Алексей Николаевич
The article is devoted to the historical and legal analysis of the influence of migration flows in the North-Eastern Azov region on the relationship between the Troops of the Don and the Moscow state, and subsequently the Russian Empire for more than three centuries. The article examines the use by the central government of the resettlement processes stimulated by the liberation movement in Ukraine to establish supremacy over the authorities of the Don Army and the resulting changes in the composition of its territory, as well as further territorial changes that took place in the late XVIII – early XX century.
{"title":"MIGRATION PROCESSES AND CHANGES IN THE TERRITORIAL BOUNDARIES OF THE DON ARMY IN THE NORTH-EASTERN AZOV REGION IN THE XVII – EARLY XX CENTURY","authors":"Ларионов Алексей Николаевич","doi":"10.22394/2074-7306-2022-1-3-73-77","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-73-77","url":null,"abstract":"The article is devoted to the historical and legal analysis of the influence of migration flows in the North-Eastern Azov region on the relationship between the Troops of the Don and the Moscow state, and subsequently the Russian Empire for more than three centuries. The article examines the use by the central government of the resettlement processes stimulated by the liberation movement in Ukraine to establish supremacy over the authorities of the Don Army and the resulting changes in the composition of its territory, as well as further territorial changes that took place in the late XVIII – early XX century.","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":"46273179","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: 10.22394/2074-7306-2022-1-3-115-122
Куц Степан Олегович
Author in the article analyses unified conflict rules in international treaties of the Russian Federation in relation to the conflict rules’ mechanism of the Civil Code of the Russian Federation in determining applicable law to contractual obligations. Based on international treaties which contained conflict rules for contractual obligations author concludes that exclusively in relations among state parties of the Commonwealth of Independent States is applied a conflict rule based on an archaic lex loci contractus. At the same time article 1211 of the Civil Code of the Russian Federation and unified conflict rules of international treaties with states other than CIS’s parties based on contemporary and effective characteristic performance theory. The preservation of the lex loci contractus rule seems to be a conscious course of the post-Soviet states.
{"title":"CORRELATION OF CONFLICT RULES OF INTERNATIONAL TREATIES AND NATIONAL LEGISLATION IN THE REGULATION OF CONTRACTUAL RELATIONS WITH A FOREIGN ELEMENT (ON THE EXAMPLE OF THE AGREEMENT ON THE PROCEDURE FOR RESOLVING DISPUTES RELATED TO THE IMPLEMENTATION OF ECONOMIC ACTIVITIES)","authors":"Куц Степан Олегович","doi":"10.22394/2074-7306-2022-1-3-115-122","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-115-122","url":null,"abstract":"Author in the article analyses unified conflict rules in international treaties of the Russian Federation in relation to the conflict rules’ mechanism of the Civil Code of the Russian Federation in determining applicable law to contractual obligations. Based on international treaties which contained conflict rules for contractual obligations author concludes that exclusively in relations among state parties of the Commonwealth of Independent States is applied a conflict rule based on an archaic lex loci contractus. At the same time article 1211 of the Civil Code of the Russian Federation and unified conflict rules of international treaties with states other than CIS’s parties based on contemporary and effective characteristic performance theory. The preservation of the lex loci contractus rule seems to be a conscious course of the post-Soviet states.","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":"42532509","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: 10.22394/2074-7306-2022-1-3-130-136
Паравай Евгения Борисовна, Федоренко Наталья Владимировна, Чебоньян Татьяна Гайковна
The importance and relevance of studying the features of the legal regulation of mediation, including the norms governing civil and commercial relations, should be investigated, due to the fact that there is a constant need for participants in civil turnover to ensure their own rights and legal interests.
{"title":"MEDIATION AS A WAY TO SETTLE DISPUTES: THE HISTORICAL ASPECT OF THE DEVELOPMENT OF THE LEGAL INSTITUTION","authors":"Паравай Евгения Борисовна, Федоренко Наталья Владимировна, Чебоньян Татьяна Гайковна","doi":"10.22394/2074-7306-2022-1-3-130-136","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-130-136","url":null,"abstract":"The importance and relevance of studying the features of the legal regulation of mediation, including the norms governing civil and commercial relations, should be investigated, due to the fact that there is a constant need for participants in civil turnover to ensure their own rights and legal interests.","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":"45991389","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: 10.22394/2074-7306-2022-1-3-63-72
Хабаев Ибрагим Дагаевич
This article is devoted to the adoption of the second and last Soviet constitution of the Chechen-Ingush Autonomous Soviet Socialist Republic of 1978. In Russian constitutionalism, following the Constitution of the USSR of 1977 and the Constitution of the RSFSR of 1978, it is recognized as the constitution of «developed socialism». The study, based on historical and legal facts, shows its role in the construction of the Soviet statehood of the Chechens and Ingush. The author emphasizes that the Constitution of the RSFSR of 1978, as a people's Basic Law, favored democratic reforms in the republic until the adoption of the Declaration on State Sovereignty of the Chechen-Ingush Republic in 1990, but failed to ensure the union of the peoples of Chechen-Ingushetia after the collapse of the USSR and became the cause of the political crisis in region.
{"title":"THE SECOND SOVIET CONSTITUTION OF THE CHIASSR OF 1978: HISTORY AND STAGES OF FORMATION","authors":"Хабаев Ибрагим Дагаевич","doi":"10.22394/2074-7306-2022-1-3-63-72","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-63-72","url":null,"abstract":"This article is devoted to the adoption of the second and last Soviet constitution of the Chechen-Ingush Autonomous Soviet Socialist Republic of 1978. In Russian constitutionalism, following the Constitution of the USSR of 1977 and the Constitution of the RSFSR of 1978, it is recognized as the constitution of «developed socialism». The study, based on historical and legal facts, shows its role in the construction of the Soviet statehood of the Chechens and Ingush. The author emphasizes that the Constitution of the RSFSR of 1978, as a people's Basic Law, favored democratic reforms in the republic until the adoption of the Declaration on State Sovereignty of the Chechen-Ingush Republic in 1990, but failed to ensure the union of the peoples of Chechen-Ingushetia after the collapse of the USSR and became the cause of the political crisis in region.","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":"47793178","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: 10.22394/2074-7306-2022-1-3-85-89
Магомадова Имани Мусабиевна
This article examines the concept and characteristic features of legal consciousness and legal culture, reveals the essence and content of these terms. The author raises the question of the formation of the legal culture of educational organizations and the educational process as a whole, since the educational environment is the most important category and trigger mechanism in the formation, formation, development and dissemination of legal culture and legal awareness in modern society.
{"title":"LEGAL AWARENESS AND LEGAL CULTURE AS THE MOST IMPORTANT COMPONENTS OF THE MODERN EDUCATIONAL PROCESS","authors":"Магомадова Имани Мусабиевна","doi":"10.22394/2074-7306-2022-1-3-85-89","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-85-89","url":null,"abstract":"This article examines the concept and characteristic features of legal consciousness and legal culture, reveals the essence and content of these terms. The author raises the question of the formation of the legal culture of educational organizations and the educational process as a whole, since the educational environment is the most important category and trigger mechanism in the formation, formation, development and dissemination of legal culture and legal awareness in modern society.","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":"42146713","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: 10.22394/2074-7306-2022-1-3-44-49
Айбатов Магомеднаби Магомедмирзоевич
The article examines the approaches of some educators of the North Caucasus to the problems of interaction between the state-legal reforms of the Russian Empire carried out in the 19th century and the ethnic state-legal cultures of the mountain peoples. The author emphasizes that the North Caucasian enlighteners proceeded from the compatibility, harmonization of European forms of state-legal life and legal consciousness with the preservation of the national specifics of the mountain state-legal cultures. According to the enlighteners, the need to study the fundamental spiritual foundations of national and cultural existence was dictated not only by the purely scientific tasks of in-depth ethno-graphic study of the Caucasian peoples, but also by the tasks of state management practice in the region.
{"title":"ENLIGHTENERS OF THE NORTH CAUCASUS ON THE INTERACTION OF MODERNIZING STATE-LEGAL REFORMS AND ETHNIC STATE-LEGAL CULTURES OF THE MOUNTAIN PEOPLES IN THE XIX CENTURY","authors":"Айбатов Магомеднаби Магомедмирзоевич","doi":"10.22394/2074-7306-2022-1-3-44-49","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-44-49","url":null,"abstract":"The article examines the approaches of some educators of the North Caucasus to the problems of interaction between the state-legal reforms of the Russian Empire carried out in the 19th century and the ethnic state-legal cultures of the mountain peoples. The author emphasizes that the North Caucasian enlighteners proceeded from the compatibility, harmonization of European forms of state-legal life and legal consciousness with the preservation of the national specifics of the mountain state-legal cultures. According to the enlighteners, the need to study the fundamental spiritual foundations of national and cultural existence was dictated not only by the purely scientific tasks of in-depth ethno-graphic study of the Caucasian peoples, but also by the tasks of state management practice in the region.","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":"45642157","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: 10.22394/2074-7306-2022-1-3-137-143
Баттахов Петр Петрович
The article examines the history of the development of legal regulation of social entrepreneurship in Russia. The author's definition of social entrepreneurship as an independent institute of entrepreneurial law has been proposed. The main gaps in the legislation of Russia in relation to social enterprises were investigated. The role of the state and business for investing in a new innovative project has been identified. It was also proposed to amend the legislation on state financing for start-up social enterprises. It was concluded that relevant regulations at the Russian level should be adopted on social business.
{"title":"SOCIAL ENTREPRENEURSHIP IN DOMESTIC LAW: CONCEPT AND PROBLEMS","authors":"Баттахов Петр Петрович","doi":"10.22394/2074-7306-2022-1-3-137-143","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-137-143","url":null,"abstract":"The article examines the history of the development of legal regulation of social entrepreneurship in Russia. The author's definition of social entrepreneurship as an independent institute of entrepreneurial law has been proposed. The main gaps in the legislation of Russia in relation to social enterprises were investigated. The role of the state and business for investing in a new innovative project has been identified. It was also proposed to amend the legislation on state financing for start-up social enterprises. It was concluded that relevant regulations at the Russian level should be adopted on social business.","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":"49106826","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: 10.22394/2074-7306-2022-1-3-144-153
Зубарева Ольга Григорьевна, Ступина Надежда Владимировна
The article analyzes Russian and French legislation regarding gender reassignment and its legal consequences. The analysis also includes religious and political statistics of public opinion in Russia. A number of ethical and legal problems are identified in all natural conditions arising in connection with the change of sex. It is concluded that it is necessary to reform the suddenly discovered the Federal Law "On Acts of the Current State" and to reassess the certificate form approved by the Ministry of Health of the Russian Federation for non-surgical sex change.
{"title":"ETHICAL AND LEGAL ASPECTS OF THE CHANGE OF SOCIAL AND (OR) BIOLOGICAL SEX: RECENT TRENDS IN RUSSIAN AND FOREIGN LEGISLATION","authors":"Зубарева Ольга Григорьевна, Ступина Надежда Владимировна","doi":"10.22394/2074-7306-2022-1-3-144-153","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-144-153","url":null,"abstract":"The article analyzes Russian and French legislation regarding gender reassignment and its legal consequences. The analysis also includes religious and political statistics of public opinion in Russia. A number of ethical and legal problems are identified in all natural conditions arising in connection with the change of sex. It is concluded that it is necessary to reform the suddenly discovered the Federal Law \"On Acts of the Current State\" and to reassess the certificate form approved by the Ministry of Health of the Russian Federation for non-surgical sex change.","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":"44878007","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: 10.22394/2074-7306-2022-1-3-27-36
Дзидзоев Валерий Дударович
The article deals with a little-studied page of the history of South Ossetia in the 18th-19th centuries. – the complex and contradictory relations of the Georgian princes Machabelov, Eristov with the working peasantry of South Ossetia, other Georgian territories where Ossetians densely lived. During this period, there was a clear distinction between the categories of peasants who carried various duties in favor of princes and other landowners. The peasants of South Ossetia were divided depending on their origin and socio-economic status into “mkvidri”, “msakhuri”, “naskidi”, “natskalobevi”, “bogano”, “khizans”, serfs, etc.
{"title":"OSSETIAN PEASANTS OF SOUTH OSSETIA AND THEIR POLITICAL AND LEGAL SITUATION IN THE 18th-19th CENTURIES","authors":"Дзидзоев Валерий Дударович","doi":"10.22394/2074-7306-2022-1-3-27-36","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-27-36","url":null,"abstract":"The article deals with a little-studied page of the history of South Ossetia in the 18th-19th centuries. – the complex and contradictory relations of the Georgian princes Machabelov, Eristov with the working peasantry of South Ossetia, other Georgian territories where Ossetians densely lived. During this period, there was a clear distinction between the categories of peasants who carried various duties in favor of princes and other landowners. The peasants of South Ossetia were divided depending on their origin and socio-economic status into “mkvidri”, “msakhuri”, “naskidi”, “natskalobevi”, “bogano”, “khizans”, serfs, etc.","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":"48775584","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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