HISTORY OF STATE AND LAW IN THE CONDITIONS OF NEW SCIENTIFIC RATIONALITY
Aim. To identify the own supervising activities of the Governing Senate as a new value reference point in the Peter’s period of Russian statehood.
Methodology. The acts included into the first Complete Collection of Laws of the Russian Empire were analyzed.
Results. The research states that the Senate’s own supervision reflected the following complex value of public administration: firstly, the report on the execution of decrees replaced the formal direction of such decrees; secondly, the independent implementation of oversight by the Senate, not limited to responding to the reports of the prosecutor or the fiscal authority; thirdly, the use of various, not exclusively punitive measures in detecting violations of the rule of law.
Research implications. The article covers the problem of changes and formalization of the content of «supervision» in the powers of the Senate, as well as highlighting the right to execute this institution’s own supervision, which is in the «shadow».
Aim. To identify and characterize the main stages in the development of crimes against justice in Russia.
Methodology. The use of the formal legal method made it possible to identify the most important novels in the monuments of Russian law of different epochs. The diachronic cut within the framework of the comparative legal method contributed to the identification of new approaches in the legislative definition of crimes of justice.
Results. The article proposes an original periodization of the development of crimes against justice in the Russian legal system. The characteristic features of the Russian legal tradition in defining the subject and classifying this type of crime are revealed.
Research implications. The article shows the continuity in the ideas of Russian lawyers about crimes against justice, as well as the debatable issues that arise in different eras.
Aim. To disclose features of the social and legal status of the outcast (marginal) on the historical and legal material of Medieval Russia and Spain in the period from the 11th to the 13th centuries and to identify the conceptual and methodological basis and prospects for further research.
Methodology. The research was conducted within the framework of the cultural and anthropological paradigm, which allowed outlining new ways to study a largely unexplored and poorly understood issue in modern historical and legal science, both in Russia and abroad. The directions for comparative legal research of this issue allow, using the method of analogy, to make a reasonable assumption about the peculiarities of the social and legal status of the outcasts (marginals) in Medieval Russia and Spain in the period from the 11th to the 13th centuries.
Results. The main difficulties of studying the outcasts (marginals) are revealed by using classical methodology. The necessity of applying postclassical methodology in historical and legal science is shown, and prospects for further research of the issue are indicated. The features of the social and legal status of such social group as the outcasts (marginals) are demonstrated on the historical and legal material of Medieval Russia and Spain in the period from the 11th to the 13d centuries. The criteria for dividing into subgroups are highlighted. It is shown that further study should be based on the analysis of sources for these subgroups, since the outcasts (marginals) are not a compact group, but a reconstruction of a set of individuals and little groups on one basis of «falling out» of the social structure, regardless of the reasons for such «falling out».
Research implications. The research is a conceptual and methodological development of the analysis of the social and legal status of the outcasts (marginals) and its prospects on the historical and legal material of Medieval Russia and Spain in the period from 11th to the 13th centuries, which determines the prospects for further study of the issue within the framework of postclassical historical and legal methodology when conducting the interdisciplinary comparative legal research.
Aim. To form the definition of «government housing construction» based on the analysis of the normative legal acts of the USSR.
Methodology. The study used a dialectical approach, formal logic techniques and private scientific methods of legal construction and technical definition.
Results. The research showed that the transformation of the term «government housing construction» was an indicator of the changes in the housing policy of the state starting from the second half of the 1920s and to the end of the 1960s.
Research implications. The author's term of «government housing construction» is formulated, the subjects performing the functions of developers of residential facilities on behalf of the Soviet state are identified.
Aim. To identify the features of the application of methodological provisions of modern anthropocentrism in historical and legal studies.
Methodology. To achieve this goal, the methodology of anthropocentrism as a direction within the framework of the modern sociological approach to law is used as the methodological basis of the study. The provisions of constructivism are also used to determine the role of a person as a subject of law in the construction of legal reality.
Results. The article substantiates that anthropocentrism, declaring a person to be the center of the legal system, actualizes the study of the legal command and the factors determining it, including in historical retrospect. It is stated that the subject of historical and legal research from the standpoint of modern scientific rationality should be the real legal life in a specific historical period.
Research implications. The conclusions formulated in the article are important for improving the methodology of historical and legal research.
Aim. To consider the legal regulation of the consequences of cruel treatment of wives in the middle of the 19th century in Russia in relation to the taxable population.
Methodology. The history of the 1862 law adoption is being studied. This law for the first time in the history of Russia fixed, albeit for certain cases, the possibility of a wife to live separately from her husband in case of cruel treatment. The use of the concrete historical method made it possible, on the basis of archival sources, individual publications of the period under study, to determine the severity of the problem of domestic violence from the point of view of the state already in the middle of the 19th century. The dogmatic method helped to correctly select and interpret normative legal acts related to the issue under consideration. The generalization of the selected and analyzed material made it possible to determine the direction and nature of the legal regulation of relations associated with the separation of spouses belonging to the taxable population during the period under study.
Results. For the first time in the historical and legal literature the significance of the law of September 17, 1862 is revealed. The law became, albeit a small, but tangible step forward on the path of expanding the rights of married women in the Russian Empire. The rules formulated by this law determined a new opportunity for many of them to refuse, under certain conditions, from cohabitation with their husbands. At the same time, a pronounced estate character of the norms of the new law is stated. The history and content of the regulations that became the prerequisite for the adoption of the law of 1862 are also considered.
Research implications. The results of the study contribute to the study of pre-revolutionary family legislation. This article will be of use for historians of law, specialists in the field of the history of state and law, as well as family law. The historical experience of regulating the legal consequences of domestic violence is also of interest, as it is still an urgent problem in the world.
CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW
Aim. To analyze modern approaches to the problem of state sovereignty, trying to comprehend its actually relative and largely conventional nature in the modern world, to identify research problems, without solving which it is impossible to modernize the classical theory of sovereignty; as well as to try to give a concept of state sovereignty based on their theoretical solution. This concept would be more adequate in terms of meaning and content, uniting its idea, factual and legal content in a single formula.
Methodology. The work uses general scientific methods (system analysis and synthesis, dialectical, formal logical) and special research methods (comparative legal, historical legal, formal legal).
Results. The theoretical understanding of the methodological problems of the study of sovereignty, present in all modern approaches to this phenomenon, led the author to the conclusion that their solution is possible only on the basis of the basic postulates of its classical concept, which originates from J. Bodin, since it contains a fairly clear approach to solving most of these problems.
Research implications of the article lie in the fact that, having carried out a certain correction of the classical concept in relation to the modern era of the globalization decline and the formation of a multipolar world, the author proposes ways to solve a number of methodological problems in the study of sovereignty and gives his own definition, which claims to be universal.
Aim. Analysis of the legal possibility of the right to artificial intelligence physical existence (AI ), which is actively being introduced into legal reality.
Methodology. The study uses the following methods: comparative-legal, historical, formal-logical, legal-dogmatic, as well as the methods of analysis and synthesis.
Results. Artificial intelligence, which has many interpretations depending on the spheres of its application in practice, has not yet reached the legal status of equal to human intelligence from the standpoint of constitutional law, and therefore at the moment it does not seem possible to classify it as a full-fledged subject of constitutional legal relations. At the same time, one cannot underestimate the theses that in the future artificial intelligence is able to become a full bearer of rights, freedoms and obligations, including the right to physical existence.
Research implications. The conclusions of the study are aimed at improving legislation and law enforcement practice in the field of ensuring and protecting non-essential human rights, including the right to physical existence. The results of the work can be used not only in law enforcement activities, but also in the process of teaching constitutional law.
CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW
Aim. To analyze the financing of terrorism as a criminally punishable act in Russian criminal law and to identify the problems of its legislative formulation. To find out the specifics of individual signs of terrorist financing and their impact on the character and rank crime’s public danger.
Methodology. Methods of induction, generalization, analogy, analysis, comparative legal, formal legal were used in the research process.
Results. Based on the comparative legal analysis of Russian, international and foreign norms, analysis of judicial practice, the article concludes that it is necessary to edit the current criminal law regarding the wording of financing terrorism. The research of Russian judicial practice in criminal cases on financing terrorism allowed us to conclude not only about the autonomy of this act from other forms of assistance to terrorist activities, but also about the influence of the signs of the method, means, as well as the duration of the commission of the crime on the nature and degree of its public danger.
Research implications. The necessity of identifying signs in the act of financing terrorism that affect the increase of its public danger and fixing them in the Russian criminal law is substantiated. Prospects for further studies of the composition of terrorist financing in this part are noted: the greater public danger of the crime can be indicated by such signs as the method, means of committing the crime, as well as the continuing nature of the act.
Aim. Historical-legal study of the purposefulness of the criminal policy of Russia in the first years of the Soviet power.
Methodology. The teleological paradigm was chosen as the methodological basis of the article. Based on the analysis of normative legal acts and doctrinal writings, the process of forming the goal and means of the Soviet criminal law policy at the stage of establishing a new political-legal system is analyzed.
Results. The article proves that the aim of political-legal policy was the formation of the new Soviet criminal law, enabling not only the maintenance of law and order and the rule of law, but also the security of the Soviet state. The construction of criminal law prohibitions was used as a means of doing it.
Research implications.The conclusions formulated in the article are of great importance both for the historical and legal study of the formation and development of the Soviet criminal law policy.
ISSN 2949-513X (Online)