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Innovations in Forest Management, Accounting and Assessment of Forests in Russia in the XIX Century 19世纪俄罗斯森林管理、会计和评估的创新
Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2022-12-6-202-214
S. Nikiforov, L. Sembiyeva
Relevance. Until now, one of the main problems in the forest industry remains the problem of accounting and saving forests from destruction. Huge damage to forests is caused by illegal logging and fires. It is possible to take into account losses only if we have information about the area of forests growing in Russia. Today, the state is conducting the second stage of the state forest inventory program “Forestry Development” to identify the quantitative and qualitative characteristics of Russian forests. Due to the significant amount of work, this stage will last until 2030 inclusive. At the same time, in the history of Russia there are examples of the implementation of programs for accounting for forest lands, the experience of which should be taken into account in the framework of optimizing the modern "forest" policy. In this regard, the presented article acquires special relevance and timeliness. The purpose. Studying the experience of conducting statistical accounting of forest lands in Russia in the middle of the 19th century. Objectives. Within the framework of the article, the following tasks are solved: to assess the reliability of statistical information on the area of forests available to the Forest Department at the time of the start of the implementation of the static accounting program; to identify the features of statistical accounting of forest lands in Russia in the middle of the 19th century; identify the obstacles that have arisen in the way of implementing the state program for accounting for the forests of the Russian Empire and assess their impact on the organization and results of accounting for forest resources. Methodology. The research methodology is based on the principles of historicism, determinism and objectivity. The article carried out a comprehensive analysis of archival documents and published sources, used the methods of statistics and data comparison, synthesis. The results obtained are based on historical sources. Results. В 1860-х гг. данные о количестве и качестве лесов европейской части Российской империи, несмотря на наличие значительных трудностей, были собраны Министерством государственных иму-ществ по всем губерниям. Сведения были опубликованы в журнале министерства. Conclusion. The implementation of the program of statistical description of forests and the forest industry in the provinces of the European part of the Russian Empire was in itself an innovation. From the time of Catherine II to the 60s. 19th century In the state, an inventory of forest lands has never been carried out. Thus, the program of statistical description of the forests of the provinces of the European part of Russia, launched by the Ministry of State Property at the end of 1858, was the first attempt to obtain reliable information about the area of Russian forests.
的相关性。到目前为止,森林工业的主要问题之一仍然是会计和保护森林免受破坏的问题。非法采伐和火灾对森林造成了巨大的破坏。只有掌握了俄罗斯森林面积的信息,才有可能考虑到损失。今天,国家正在进行第二阶段的国家森林清查计划“林业发展”,以确定俄罗斯森林的数量和质量特征。由于工作量巨大,这一阶段将持续到2030年。与此同时,在俄罗斯历史上有实施林地核算方案的例子,在优化现代“森林”政策的框架中应考虑到其经验。在这方面,本文具有特殊的相关性和时效性。的目的。研究19世纪中期俄罗斯森林土地统计核算的经验。目标。在本文的框架内,解决了以下任务:评估在开始实施静态核算方案时林业部门可获得的森林面积统计信息的可靠性;识别19世纪中期俄罗斯林地统计核算的特点;确定在实施俄罗斯帝国森林核算国家计划的过程中出现的障碍,并评估其对森林资源核算的组织和结果的影响。方法。研究方法以历史决定论、决定论和客观性原则为基础。本文对档案文献和出版来源进行了综合分析,采用了统计学和资料比较、综合的方法。所得结果是根据历史资料得出的。结果。В 1860- гг。данныеоколичествеикачествелесовевропейскойчастиРоссийскойимпери,инесмотрянаналичиезначительныхтрудностей,былисобраныМинистерствомгосударственныхиму——ществповсемгуберниям。Сведениябылиопубликованывжурналеминистерства。结论。在俄罗斯帝国欧洲部分的各省实施森林和森林工业统计描述计划本身就是一项创新。从叶卡捷琳娜二世时期到60年代。19世纪在该州,从未进行过林地清查。因此,1858年底由国家财产部发起的俄罗斯欧洲部分省份森林统计描述计划是第一次尝试获得有关俄罗斯森林面积的可靠信息。
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引用次数: 0
On the Issue of the Strategy of Public Prosecution in the Process of Proving a Criminal Case in the Court of First Instance 论初审法院刑事举证过程中的公诉策略问题
Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2022-12-6-99-112
E. Bryanskaya, O. Pashutina
Relevance. The participation of the prosecutor in the process of proving in the court of first instance, in many respects, makes it possible to ensure the objectivity of the consideration of a criminal case, to fill in the gaps in the preliminary investigation in court. The existing shortcomings in law enforcement, the imperfection of the criminal pro-cedure law, in the part related to the topic of the study, necessitate further understanding of the problems of the public prosecution strategy in the process of proving, developing proposals to improve the efficiency of the prosecutor. The purpose: based on the results obtained, to develop scientific provisions of theoretical and practical im-portance in order to improve the criminal procedure law and the practice of its application. Objective: to disclose the content of the prosecutor's participation in the process of proving a criminal case in the court of first instance, to propose measures to improve the criminal procedure law and the procedural activities of the prosecutor, in part related to the topic of the study. Methodology. The methodological basis of the research is the provisions of the general scientific dialectical method of cognition of the surrounding reality. The authors used such general scientific methods as analysis, synthesis, induction, deduction, as well as formal-logical, formal-legal methods of cognition, observation method and questionnaire. Results. The state prosecutor participating in the court session is not just one of the parties, but acts on behalf of the state, which requires him to strictly comply with the requirements of a modern legislator, the ability to develop a strategy in a "dispute". The strategy should be based on a deep knowledge of the materials of the criminal case, the presentation of evidence in such a harmonized composition that allows the court to reasonably convince the prosecution of the position of the prosecution. Conclusion. Maintaining public prosecution in court is one of the areas of activity of the prosecutor's office, which is significant not only from the standpoint of ensuring accurate, uniform application of the law, but also from the standpoint of achieving the objectives of criminal proceedings. It requires the prosecutor to demonstrate high profes-sionalism, and further actions of the legislator towards creating an appropriate basis for the implementation of such activities.
的相关性。检察官在初审法庭上参与举证过程,在许多方面可以确保刑事案件审议的客观性,填补法庭初步调查的空白。存在的执法不足、刑事诉讼法的不完善等问题,在与课题相关的研究部分,需要进一步认识公诉策略在举证过程中存在的问题,提出提高检察官工作效率的建议。目的:在研究成果的基础上,制定具有理论和实践意义的科学规定,以完善我国刑事诉讼法及其适用的实践。目的:揭示第一审法院刑事案件举证过程中检察官参与的内容,提出完善刑事诉讼法和检察官诉讼活动的措施,部分内容与研究课题相关。方法。本研究的方法论基础是关于认识周围现实的一般科学辩证方法的规定。作者运用了分析、综合、归纳、演绎等一般科学方法,以及形式-逻辑、形式-法律的认知方法、观察法和问卷调查法。结果。参加庭审的国家检察官不仅仅是当事人之一,而是代表国家行事,这就要求他严格遵守现代立法者的要求,具备在“纠纷”中制定策略的能力。该战略应基于对刑事案件材料的深刻了解,以这种协调一致的方式提出证据,使法院能够合理地说服控方的立场。结论。维持法庭上的公诉是检察官办公室的活动领域之一,这不仅从确保准确、统一地适用法律的角度来看是重要的,而且从实现刑事诉讼目标的角度来看也是重要的。它要求检察官表现出高度的专业精神,并要求立法者采取进一步行动,为执行这种活动创造适当的基础。
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引用次数: 0
The Principle of Full Compensation for Harm and Its Reflection in the Legislation of the Russian Federation 损害充分赔偿原则及其在俄罗斯联邦立法中的体现
Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-96-103
I. M. Grigorieva
Relevance. One of the basic approaches for civil law is to allow the injured party to claim full compensation for the harm caused and the losses incurred. The widespread use of this approach is based on universal ideas about the reasonableness and fairness of full compensation to the injured party for the diminution of its property sphere at the expense of the offender or other harm-doer. Compensation of damages, directly related to the implementation of the principle of compensation for harm, plays a crucial role among all the means of protection of subjective civil rights specified in the list given in article 12 of the Civil Code of the Russian Federation. The purpose of the study is to develop theoretical provisions defining the specifics of implementation of the principle of full compensation for damages at the current stage of development of market economy and social relations in the Russian Federation. Objectives: to identify the problems associated with the implementation of the principle of full compensation for harm in the civil law of the Russian Federation; ; to determine the features of the balance of interests in the recovery of compensation and other cases of compensation for harm caused; to determine the directions of further development of legal regulation of the issues under consideration. Methodology. When writing the work, dialectical-materialistic method, systematic method, methods of analysis and synthesis, formal-legal method were used. The results of the research are of a theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations. The conclusions made in the article are of debatable character, are aimed at continuing of researches in the framework of the stated theme, are aimed at development of the main principles that allow to solve in a unified way the problems connected with realization of the rights to full compensation of damage to the injured party at the expense of its causer. The article is a continuation of scientific studies of the author on issues related to the problems of civil liability.
的相关性。民事法律的基本途径之一是允许受害方对所造成的损害和所造成的损失要求全额赔偿。这种方法的广泛使用是基于一种普遍的观念,即在损害犯罪者或其他加害人的情况下,对受害方的财产范围的缩小给予充分赔偿是合理和公平的。损害赔偿与实施损害赔偿原则直接相关,在《俄罗斯联邦民法典》第12条所列的保护主观民事权利的所有手段中起着至关重要的作用。这项研究的目的是制定理论规定,确定在俄罗斯联邦市场经济和社会关系发展的当前阶段执行损害全额赔偿原则的具体情况。目的:查明与实施俄罗斯联邦民法中损害全额赔偿原则有关的问题;;确定赔偿追偿和其他损害赔偿案件的利益平衡特征;确定正在审议的问题的法律监管的进一步发展方向。方法。在写作过程中,运用了辩证唯物主义方法、系统方法、分析综合方法、形式法律方法等。本文的研究成果是理论性和实践性的,旨在提高民事法律关系的法律规制质量。本文所作的结论具有可辩论的性质,其目的是在所述主题的框架内继续进行研究,目的是发展主要原则,以便以统一的方式解决与实现以损害原因为代价对受害方的损害给予充分赔偿的权利有关的问题。本文是作者对民事责任相关问题进行科学研究的延续。
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引用次数: 1
Problems of Serving Compulsory Sentences Medical Measures Related to with Punishments Without Isolation from Society 强制服刑医疗措施与不与社会隔离的刑罚相关的问题
Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-114-129
A. Savin
Relevance. Given that mental illnesses, as it is commonly believed, are negative factors in the development of society, the state takes not inconclusive steps to contain such diseases and at the same time gets rid of already di-agnosed cases by applying various methods of treatment and prevention. Taking into account that every year measures of criminal-legal influence without isolation from society are prescribed in more than 70 % of cases of convictions, the question of combining them with the treatment of persons diagnosed with mental illness is simply necessary. In the scientific community, it has been repeatedly discussed and the conclusions were approximately the same that the person committing the crime is more likely to have signs of "deviant" behavior, which indicates that it is necessary to at least diagnose it. As has been repeatedly discussed and, in fact, has become an axiom – the presence of a mental illness in a person increases the likelihood of committing an illegal act. The purpose of the study is to form scientific ideas about the processes of combining medical coercive measures with non-isolation punishments. Objectives: to study the provisions of judicial practice; to identify the problems of correlation of medical measures with punishments without isolation from society and their implementation; to formulate proposals to resolve these legal gaps. Methodology. In the process of working on the research, both general scientific methods (analysis, synthesis) and methods of legal science (formal legal, comparative legal) were used. The results of the study are a proposal to significantly supplement the theory of the institution of compulsory medical measures in particular and criminal law measures in general. Conclusions. The conducted research allowed us to assert that it is necessary to impose a duty on a convicted person, if there are sufficient grounds, to undergo treatment for a mental illness. In addition, it is necessary to introduce responsibility in the criminal law for evading the performance of such a duty, while at the same time designating the subject of control over the performance.
的相关性。鉴于人们普遍认为精神疾病是社会发展的消极因素,国家采取了有力的措施来控制这类疾病,同时通过采用各种治疗和预防方法来消除已经诊断出的病例。考虑到每年在70%以上的定罪案件中都规定了不与社会隔离的刑事法律影响措施,将这些措施与对被诊断患有精神疾病的人的治疗结合起来的问题是完全必要的。在科学界,这个问题被反复讨论,结论大致相同,即犯罪的人更有可能有“越轨”行为的迹象,这表明至少有必要对其进行诊断。一个人患有精神疾病会增加他从事非法行为的可能性,这一点已经被反复讨论,而且实际上已经成为一个公理。研究的目的是形成关于医疗强制措施与非隔离处罚相结合的过程的科学观念。目的:研究司法实践中的规定;查明医疗措施与不与社会隔离的惩罚相关联的问题及其执行情况;提出解决这些法律空白的建议。方法。在研究过程中,既使用了一般科学方法(分析、综合),也使用了法学方法(形式法学、比较法)。研究结果是对强制性医疗措施制度理论和一般刑法措施理论的重要补充。结论。所进行的研究使我们能够断言,如果有充分的理由,有必要对被定罪的人施加接受精神疾病治疗的义务。此外,有必要在刑法中引入逃避履行义务的责任,同时指定对履行义务的控制主体。
{"title":"Problems of Serving Compulsory Sentences Medical Measures Related to with Punishments Without Isolation from Society","authors":"A. Savin","doi":"10.21869/2223-1501-2021-11-5-114-129","DOIUrl":"https://doi.org/10.21869/2223-1501-2021-11-5-114-129","url":null,"abstract":"Relevance. Given that mental illnesses, as it is commonly believed, are negative factors in the development of society, the state takes not inconclusive steps to contain such diseases and at the same time gets rid of already di-agnosed cases by applying various methods of treatment and prevention. Taking into account that every year measures of criminal-legal influence without isolation from society are prescribed in more than 70 % of cases of convictions, the question of combining them with the treatment of persons diagnosed with mental illness is simply necessary. In the scientific community, it has been repeatedly discussed and the conclusions were approximately the same that the person committing the crime is more likely to have signs of \"deviant\" behavior, which indicates that it is necessary to at least diagnose it. As has been repeatedly discussed and, in fact, has become an axiom – the presence of a mental illness in a person increases the likelihood of committing an illegal act. The purpose of the study is to form scientific ideas about the processes of combining medical coercive measures with non-isolation punishments. Objectives: to study the provisions of judicial practice; to identify the problems of correlation of medical measures with punishments without isolation from society and their implementation; to formulate proposals to resolve these legal gaps. Methodology. In the process of working on the research, both general scientific methods (analysis, synthesis) and methods of legal science (formal legal, comparative legal) were used. The results of the study are a proposal to significantly supplement the theory of the institution of compulsory medical measures in particular and criminal law measures in general. Conclusions. The conducted research allowed us to assert that it is necessary to impose a duty on a convicted person, if there are sufficient grounds, to undergo treatment for a mental illness. In addition, it is necessary to introduce responsibility in the criminal law for evading the performance of such a duty, while at the same time designating the subject of control over the performance.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123932524","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}
引用次数: 0
On the Question of the Possibility of Renouncing Subjective Rights as a Result of Misconduct 论失当行为导致主观权利放弃的可能性问题
Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-155-167
O. Pashutina, I. Revina
Relevance. The rejection of subjective law is a phenomenon little studied in modern criminal procedure doctrine, as a result of which the question of the forms of behavior of participants in criminal proceedings, which determine the possibility of its implementation, remains unresolved. The definition of behavioral boundaries has both theoretical and practical significance: it contributes both to the enrichment of criminal procedure science, ensuring the proper level of legal protection of the individual in the field of criminal procedure relations, and acts as one of the guarantors of proper law enforcement. The purpose of the study is to develop an author's approach to determining the possibility of renouncing the right through the unlawful behavior of a person who has fallen into the sphere of criminal proceedings and its legal consequences. Objectives: to study doctrinal sources and judicial practice in order to establish the possibility of realizing the rejection of subjective law through both lawful and unlawful behavior; to identify the types of legal consequences of the rejection of subjective law, depending on the forms of behavior of a participant in criminal proceedings. Methodology. The methodological basis of the research is the provisions of the general scientific dialectical method of cognition of the surrounding reality in its connection and interaction, the general scientific systematic ap-proach. In the course of the work, formal legal, comparative methods and the method of observation were used. Results. The conclusion is formulated that the rejection of the subjective right is possible only in the form of lawful behavior. Based on the author's vision of the nature of the behavior of a participant in criminal proceedings, which may underlie the rejection of subjective law, the concept of "criminal procedural punishment" is developed, its characteristics are given. Conclusion. The waiver of the right is possible only on condition that the behavior of the participant in the criminal proceedings is lawful. Illegal behavior, expressed in the form of committing actions that violate the normal course of legal proceedings, naturally entails the reaction of the state in the form of depriving a citizen of his subjective right, which should be called "criminal procedural punishment".
的相关性。对主观性法的否定是现代刑事诉讼理论中很少研究的现象,其结果是,决定主观性法实施可能性的刑事诉讼参与人的行为形式问题仍未得到解决。行为边界的界定具有重要的理论意义和现实意义:它既有助于丰富刑事诉讼科学,保证在刑事诉讼关系领域对个人的适当法律保护水平,又可以作为适当执法的保障之一。这项研究的目的是制定作者的方法,以确定由于一个人的非法行为而进入刑事诉讼范围及其法律后果而放弃权利的可能性。目的:研究理论渊源和司法实践,以确立通过合法和非法行为实现对主观法的否定的可能性;根据刑事诉讼参与人的行为形式,确定拒绝主观法的法律后果类型。方法。研究的方法论基础是对周围现实的联系和相互作用的认识的一般科学辩证方法的规定,即一般科学的系统方法。在工作过程中,采用了正式的法律方法、比较法和观察法。结果。主观权利的否定只有在合法行为的形式下才有可能。基于笔者对刑事诉讼参与人行为性质的认识,提出了“刑事程序处罚”的概念,并给出了其特征。结论。只有在刑事诉讼参与人的行为合法的情况下,才有可能放弃这种权利。违法行为以违反正常诉讼程序的行为为表现形式,自然需要国家以剥夺公民主观权利的形式作出反应,应称为“刑事程序处罚”。
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引用次数: 0
On the Question of the Means Affecting the Achievement of the Effectiveness of Criminal Procedural Activity 论影响刑事诉讼活动效力实现的手段问题
Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-6-133-144
O. I. Darovskikh
The relevance of the chosen topic is due to the absence in the doctrine of scientific research related to the problems of ensuring the effectiveness of criminal procedural activity. The purpose is to identify, structure and study the means that affect the effectiveness of procedural activities in order to further optimize them. The objectives of the research are: classification of means that ensure the effectiveness of criminal procedural activity; development and justification of the feasibility of identifying several levels at which the tasks of ensuring the effectiveness of procedural activities are solved; characteristic of each level. Methodology. The methodological basis of the research was formed by the method of dialectical cognition; specific sociological methods: questioning, observation; method of system-structural analysis; and etc. Results. 4 levels were identified and substantiated, on the basis of which the means that affect the effectiveness of criminal procedural activity are manifested - this is the scientific level, legislative, law enforcement and personal. Conclusions. The scientific level, in the author's opinion, is manifested in the development of a scientific concept of the organization of criminal proceedings, as well as in the development and application of scientific achievements that are in demand in practice, their substantiation and adaptation in criminal procedural activities. The legislative level of ensuring the effectiveness of the criminal procedure is formed both from the development by the legislator of an impeccable legal framework, and the formation of the legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation regarding controversial issues of interpretation of certain norms of the law and their compliance with the Constitution of the Russian Federation, as well as the correctness of application. The law enforcement level covers the means and methods, as well as the organizational aspects of criminal procedure. The author substantiates his opinion that law enforcement should contain a stage of execution of decisions to the extent that criminal procedural issues are resolved. The personal level is the conscious activity of the participants in criminal proceedings, based on their knowledge, will, motivation for their actions and decisions, as well as psychological and moral attitudes.
所选主题的相关性是由于学说中缺乏与确保刑事诉讼活动有效性问题有关的科学研究。其目的是查明、组织和研究影响程序活动有效性的手段,以便进一步优化它们。本文的研究目标是:对确保刑事诉讼活动有效性的手段进行分类;发展和证明确定若干级别的可行性,以确保程序性活动的有效性得到解决;每个级别的特征。方法。这一研究的方法论基础是用辩证认识的方法形成的;具体的社会学方法:提问、观察;系统结构分析方法;等。结果确定并证实了影响刑事诉讼活动有效性的手段有4个层面,即科学层面、立法层面、执法层面和个人层面。结论。笔者认为,科学水平体现在科学的刑事诉讼组织理念的形成,以及科学成果在实践中所需要的发展和应用、在刑事诉讼活动中的充实和适应。确保刑事诉讼程序有效性的立法层面是由立法者制定一个完美的法律框架,以及俄罗斯联邦最高法院和俄罗斯联邦宪法法院在解释某些法律规范的争议问题上的法律立场的形成以及它们是否符合俄罗斯联邦宪法,以及适用的正确性。执法层面包括刑事诉讼的手段和方法,以及组织方面。发件人证实了他的意见,即执法应在刑事诉讼问题得到解决的范围内包括执行决定的阶段。个人层面是刑事诉讼参与人的自觉活动,基于他们的知识、意志、行动和决定的动机以及心理和道德态度。
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引用次数: 0
The Formation of a Unified Labor School in Russia 1918–1922 (Based on the Materials of the State Archive of the Kursk Region) 俄国统一劳动学校的形成(1918-1922)(基于库尔斯克地区国家档案馆资料)
Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-274-282
Marina V. Solovyanova
The relevance of the study is to show the positive experience of the formation of a labor school in Russia. It has a theoretical and practical orientation, because, firstly, this issue has not been thoroughly investigated before and, secondly, the modern school has obvious problems with the organization of labor education. The positive experience of training and labor education in 1918-1922 will allow us to find a solution to today's problems. The purpose of the article is to study the formation of the unified labor school of Kursk province in accordance with the Regulations on the unified labor school and the Basic Principles of the unified labor school. The objectives follow from the purpose of the article and are to reveal the historical conditions of the formation of a unified labor school after October 1917, to characterize the labor method of education, to analyze the organization of the training system in a unified labor school in accordance with the normative documents of the Soviet government. Methodology. The work is based on methods of analysis and synthesis, as well as historical-comparative, his-torical-legal, historical-pedagogical methods. Results. Kursk province, with the advent of Soviet power, actively joined in large-scale changes in the field of education. During the construction of the education system from a "clean slate", there were many problems associated with the devastation and famine in the conditions of the civil war and the policy of war communism. One of the main methods of training was the labor method. The organization of work in the school was built according to the individual characteristics and age of students. Conditions for agricultural work were created at schools. Conclusions. The experience of creating and operating a unified labor school had a positive result. The principles of the labor school laid down in the first years of Soviet power expanded in subsequent years. Labor has firmly entered the system of values of Soviet schoolchildren. The positive experience of education and upbringing in 1918-1922 is still relevant today.
本研究的意义在于展示俄罗斯劳动学校形成的积极经验。首先,这一问题的研究还不够深入;其次,现代学校在劳动教育的组织方面存在着明显的问题。1918-1922年培训和劳动教育的积极经验将使我们找到解决今天问题的办法。本文的目的是根据《统一劳动学校条例》和《统一劳动学校基本原则》,对库尔斯克省统一劳动学校的组建进行研究。本文的目的是揭示1917年10月以后统一劳动学校形成的历史条件,刻画劳动教育方法,根据苏维埃政府的规范性文件分析统一劳动学校的培训体系组织。方法。这项工作是基于分析和综合的方法,以及历史-比较,历史-历史-法律,历史-教学方法。结果。库尔斯克省随着苏维埃政权的到来,积极参与了教育领域的大规模变革。在从零开始建设教育系统的过程中,在内战和战时共产主义政策的条件下,存在着许多与破坏和饥荒有关的问题。训练的主要方法之一是劳动法。学校的工作组织是根据学生的个性特点和年龄来建立的。学校为农业工作创造了条件。结论。创建和经营统一劳动学校的经验取得了积极的效果。在苏维埃政权的头几年里确立的劳动学校的原则在随后的几年里得到了扩展。工党已经牢牢地进入了苏联学童的价值观体系。1918年至1922年的教育和成长的积极经验今天仍然相关。
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引用次数: 0
Historiography of the Problem of Legal Regulation of Forest Management in Russian Law in the 19th – Early 20th Centuries 19世纪至20世纪初俄罗斯法律中森林经营法律规制问题的史学研究
Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-228-238
S. Nikiforov
Relevance. Several major reforms were carried out in the forestry law of Russia in a short period of time. None of them gave a positive result. At the moment, the state has set itself the goal of developing a new concept of forest management and use of forest resources. The use of the relevant experience accumulated by domestic jurisprudence seems appropriate and even necessary. The Purpose. To study the dominant theoretical concepts in the works of Russian legal scholars of the historical period under consideration, as well as their views on the formation and development of legislation regulating forest management in Russia. Objectives: analysis of research in the field of forest law, published in the 19th - early 20th centuries; assessment of the degree of study of the problem of legal regulation of forest use. Methodology. The research methodology is based on the principles of historicism and objectivity. The method-ological basis of the study is a systematic approach. The comparative-historical method is used, makes it possible to investigate the available sources in close connection with the and the method of logical analysis. Results. The first scientific works in the field of Russian forest law research appeared in the first half of the 19th century. Since that time, the development of legal concepts for the use of forest resources on the basis of the principle of continuity continued until 1917, when new approaches to the state structure radically changed the direction of development of forestry law. Conclusion. During the XIX - early XX centuries. Russian science has gone from a simple description of the facts of the formation and development of legislation in the field of forest resources use to a theoretical substantiation of the state forest policy. Research of foresters and jurists of the XIX - early XX centuries. have not lost their relevance to this day and can be used to improve the legal mechanism for the rational use of forests in modern Russia.
的相关性。俄罗斯的林业法在短时间内进行了几次重大改革。他们都没有给出肯定的结果。目前,国家已经确立了发展森林经营和利用森林资源新理念的目标。利用国内法理学积累的相关经验似乎是适当的,甚至是必要的。的目的。研究所考察的历史时期俄罗斯法律学者著作中占主导地位的理论概念,以及他们对俄罗斯森林管理立法形成和发展的看法。目的:分析19世纪至20世纪初发表的森林法研究成果;对森林利用法律规制问题的研究程度评价。方法。研究方法以历史主义和客观原则为基础。本研究的方法论基础是一种系统的方法。使用比较历史的方法,可以调查与逻辑分析方法密切相关的可用资源。结果。俄罗斯森林法律研究领域的第一批科学著作出现在19世纪上半叶。从那时起,基于连续性原则的森林资源利用法律概念的发展一直持续到1917年,当时对国家结构的新方法从根本上改变了森林法的发展方向。结论。十九世纪至二十世纪初。俄罗斯科学已经从对森林资源利用领域立法形成和发展的事实的简单描述,发展到对国家森林政策的理论论证。十九世纪至二十世纪初森林学家和法学家研究。至今仍未失去其相关性,并可用于改善现代俄罗斯合理利用森林的法律机制。
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引用次数: 0
Guarantees of the Admissibility and Validity of the Rejection of Subjective Law in Criminal Proceedings: Problems of Legislative Regulation 刑事诉讼中主观法否定的可采性与有效性保障:立法规制问题
Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2022-12-6-113-131
I. Chebotareva, O. Pashutina, I. Revina
Relevance. An element of the human rights system is the criminal procedure law, which allows to increase the degree of protection of the rights of persons in the field of criminal proceedings. The norms of the Criminal Procedure Code of the Russian Federation specify a significant change in the attitude of the state towards the individual, however, many provisions of the law remain imperfect, which gives rise to cases of violation of individual rights in criminal proceedings, emphasizes the importance of studying the issues of legal regulation of guarantees of the admissibility and validity of the rejection of subjective law. Purpose: the study of the problems of regulatory regulation of guarantees of the admissibility and validity of the rejection of subjective law, the development of proposals for further improvement of the criminal procedure law. Objective: to study the totality of the norms of the criminal procedure law that enshrine the guarantees of the admissibility and validity of the waiver of the right, doctrinal sources, in the part related to the topic of the study. Methodology. The basis of this research is a combination of the universal dialectical method of scientific cogni-tion, general scientific methods of analysis and synthesis, induction and deduction, and private scientific methods of cognition, such as: formal-logical, formal-legal. The authors also used methods of studying social phenomena in their concrete manifestation in specific conditions of place and time: the study of documents, observation. Results. A significant element in the hierarchical chain of the regulatory component, which forms the basis of guarantees of the admissibility and validity of the rejection of subjective law, is the criminal procedure law. Many of its provisions are aimed at ensuring the possibility of a person who has fallen into the sphere of criminal proceedings to express his will regarding the realization/non-realization of the benefits belonging to him. At the same time, the work of the legislator in this regard cannot be considered completed. Conclusion. Improving the legal regulation of guarantees of the admissibility and validity of the rejection of sub-jective law will contribute to the protection of the rights and legitimate interests of citizens, correspond to the purpose of criminal proceedings.
的相关性。人权制度的一个组成部分是刑事诉讼法,它允许在刑事诉讼领域增加对人的权利的保护程度。俄罗斯联邦《刑事诉讼法》的规范规定了国家对个人态度的重大变化,然而,法律的许多条款仍然不完善,这导致了刑事诉讼中侵犯个人权利的案件,强调了研究法律规制保障可采性和拒绝主观法的有效性问题的重要性。目的:研究我国现行刑事诉讼法规制中存在的问题,为我国刑事诉讼法的进一步完善提出建议。目的:在与研究课题相关的部分,研究我国刑事诉讼法中保障放弃权利的可采性和有效性的规范的总体、理论来源。方法。本研究的基础是科学认知的普遍辩证方法、分析综合、归纳演绎的一般科学方法和形式-逻辑、形式-法律等私人科学认知方法的结合。作者还运用了研究社会现象在特定地点和时间条件下具体表现的方法:文献研究、观察法。结果。刑事诉讼法是构成对主观法的否定的可采性和有效性保证的基础的规制部分的等级链中的一个重要组成部分。它的许多条款旨在确保陷入刑事诉讼范围的人有可能就实现/不实现属于他的利益表达他的意愿。与此同时,立法者在这方面的工作不能认为已经完成。结论。完善对主体法拒绝的可采性和有效性保障的法律规制,有利于保护公民的合法权益,符合刑事诉讼的宗旨。
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引用次数: 0
To the Question of the Current Stage of Development of Political and Economic Research in Russian Political Science: "Political Economy" or "Economic Political Science"? 俄罗斯政治学中政治经济研究的发展阶段问题:“政治经济学”还是“经济政治学”?
Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-167-178
E. Ustinovich
The relevance of the research topic is justified by the need to form a comprehensive understanding of the es-sence and content of modern economic relations and the role of state policy in their regulation, as well as the imple-mentation of modern economic policy of the state, taking into account the existing system of state management of the economic sphere. The purpose of the study is to analyze and generalize the experience of modern Russian political scientists in the latest research areas in modern Russian political science using the example of economic political science. Objectives substantiation of the relevance of the development of economic political science as the most important, newest direction in the development of modern Russian political science; analysis of the positions of Russian scientists, representatives of political science regarding the subject of economic political science as a science and academic discipline; analysis of the state of representation of areas of training in economic political science, the discipline "Economic political science" in Russian educational institutions of higher education; justification of the need to introduce the discipline "Economic Political Science" for students of training areas in political science, public administration and economics The research methodology is based on the author's approach, the author's hypothesis about the lack of political and economic research in modern Russian political science. The methods used are general scientific methods of analysis and synthesis of information, as well as political science and economic analysis. Results. The urgency of the development of economic political science as the most important, newest direction of development of modern Russian political science and the need to introduce the discipline "Economic political science" for students of training areas in political science, public administration and economics are substantiated. The analysis of the positions of Russian scientists, representatives of political science regarding the subject of economic political science as a science and academic discipline is carried out. Conclusion. The study made it possible to conclude that it is necessary to develop the direction of political and economic research in accordance with the provisions enshrined at the level of the order of the Ministry of Science and Education No. 118.
考虑到现有的国家管理经济领域的体制,需要对现代经济关系的意义和内容、国家政策在调节经济关系中的作用以及国家现代经济政策的实施进行全面的理解,这就证明了研究课题的相关性。本研究旨在以经济政治学为例,分析和总结现代俄罗斯政治学家在现代俄罗斯政治学最新研究领域的经验。经济政治学发展的相关性是现代俄罗斯政治学发展最重要、最新的方向;分析俄罗斯科学家、政治学代表对经济政治学作为一门科学和学科的立场;分析俄罗斯高等教育机构中“经济政治学”这一学科培训领域的代表性状况;为政治科学、公共管理和经济学培训领域的学生引入“经济政治学”学科的必要性的理由研究方法是基于作者的方法,作者关于现代俄罗斯政治科学缺乏政治和经济研究的假设。所使用的方法是分析和综合信息的一般科学方法,以及政治科学和经济分析。结果。经济政治学作为现代俄罗斯政治科学最重要、最新的发展方向,其发展的紧迫性,以及为政治科学、公共管理和经济学培训领域的学生引入“经济政治学”学科的必要性得到了证实。分析了俄罗斯科学家、政治学代表对经济政治学作为一门科学和学科的立场。结论。这项研究使我们能够得出结论,认为有必要根据科学和教育部第118号命令所载的规定,发展政治和经济研究的方向。
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Proceedings of the Southwest State University. Series: History and Law
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