scholarly journals Legal System of Kazakhstan in the Horde Period

Lex Russica ◽  
2019 ◽  
pp. 141-153
Author(s):  
E. B. Ablaeva
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Customary Law ◽  
Practical Significance ◽  
The Black Sea ◽  
Spiritual Values ◽  
Historical Aspect ◽  
History Of ◽  
The Russian Empire ◽  
Law And Legislation

The paper is devoted to the study of the historical aspect of the formation and development of justice in modern Kazakhstan, i.e. from the time when Genghis Khan established the Great tribal state throughout the vast territories from the Yellow to the Black sea. The choice of the topic is due to the lack of modern dissertation researches devoted to the history of formation and development of justice, chronologically sequential periodization covering the co-evolution phase of the research subject that must include the Mongol and Golden Horde period. Differences in historiography and misconceptions about the way of life of nomads also led to the choice of the research topic. The paper shows the similarities and differences of some features of the court procedure at the co-evolutionary and modern stages of development of statehood.The relevance of the topic is due to the fact that in the context of the presidential programs «Modern state for all» and «Spiritual revival», focused on the revival of spiritual values of Kazakhstan, the study of justice in the Mongolian and Horde period is important for improving the efficiency of the modern judicial system. The theoretical and practical significance of the work is that it describes the legal views, legal culture, legal system of two ethnically close modern states, namely Mongolia and Kazakhstan based on a deep comparative analysis of written and historical versions.According to the results of the study, the author comes to the following conclusions. First, the author connects the loss of the role of customary law in the regulation of social relations with the process of Kazakh-Russian integration and the adoption of the law of the Russian Empire, not the norms of the Mohammedan doctrine. Secondly, in the author’s opinion, the legal field of the Mongolian and Horde period covers a variety of rules governing social relations in the early feudal state. Thirdly, the author considers that during the period under consideration there were no clear criteria differentiating the categories «law» and «legislation». Fourth, according to the author, a mixture of functions of the legislative, executive and judicial authorities characterizes the legal system of modern Kazakhstan, which is the successor of the Golden Horde.

A New Step in the Study of the History of the Russian Prosecutor’s Office

2019 ◽  
pp. 94-98
Keyword(s):  
Russian Federation ◽  
Russian Empire ◽  
Practical Significance ◽  
History Of ◽  
The Russian Federation ◽  
The Russian Empire ◽  
High Level ◽  
The University

The paper is a review on the textbook by A. V. Yeremin, «The History of the National Prosecutor’s office» and the anthology «The Prosecutor’s Office of the Russian Empire in the Documents of 1722–1917» (authors: V. V. Lavrov, A. V. Eremin, edited by N. M. Ivanov) published at the St. Petersburg Law Institute (branch) of the University of the Prosecutor’s office of the Russian Federation in 2018. The reviewers emphasize the high relevance and high level of research, their theoretical and practical significance. The textbook and the anthology will help the students increase their legal awareness, expand their horizons.

Whites and Reds

2021 ◽  
Author(s):  
Stephen V. Bittner
Keyword(s):  
Soviet Union ◽  
The Black Sea ◽  
Business Practices ◽  
Cultural Meanings ◽  
Important Indicator ◽  
Peter The Great ◽  
The Soviet Union ◽  
Political Alliances ◽  
History Of ◽  
The Russian Empire

Whites and Reds: A History of Wine in the Lands of Tsar and Commissar tells the story of Russia’s encounter with viniculture and winemaking. Rooted in the early-seventeenth century, embraced by Peter the Great, and then magnified many times over by the annexation of the indigenous wine economies and cultures of Georgia, Crimea, and Moldova in the late-eighteenth and early-nineteenth centuries, viniculture and winemaking became an important indicator of Russia’s place at the European table. While the Russian Revolution in 1917 left many of the empire’s vineyards and wineries in ruins, it did not alter the political and cultural meanings attached to wine. Stalin himself embraced champagne as part of the good life of socialism, and the Soviet Union became a winemaking superpower in its own right, trailing only Spain, Italy, and France in the volume of its production. Whites and Reds illuminates the ideas, controversies, political alliances, technologies, business practices, international networks, and, of course, the growers, vintners, connoisseurs, and consumers who shaped the history of wine in the Russian Empire and the Soviet Union over more than two centuries. Because wine was domesticated by virtue of imperialism, its history reveals many of the instabilities and peculiarities of the Russian and Soviet empires. Over two centuries, the production and consumption patterns of peripheral territories near the Black Sea and in the Caucasus became a hallmark of Russian and Soviet civilizational identity and cultural refinement. Wine in Russia was always more than something to drink.

scholarly journals THE SUBJECT AND CONTENT OF LAW IN THE STUDY OF CONTINUITY AND DISCONTINUITY OF THE HISTORY OF LABOR LAW IN RUSSIA

2021 ◽  
Vol 31 (6) ◽  
pp. 1065-1071
Author(s):  
S.A. Sobolev
Keyword(s):  
Social Development ◽  
Legal System ◽  
Scientific Research ◽  
Labor Law ◽  
Russian Empire ◽  
Private Law ◽  
Labor Legislation ◽  
History Of ◽  
The Russian Empire ◽  
Continuity And Discontinuity

The article attempts to investigate general and particular issues of the social development of the domestic legal system in the modern knowledge of its history from a general theoretical standpoint on the example of a specific legal discipline - labor law. The problem of methodological order is considered when there is a confusion of law as an object of cognition with a real reflection of the formation and social development of its subsystems or structural components, which receive study at the sectoral level. Labor law is analyzed as a subsystem or the most important structural component of the legal system, while scientific research on various aspects of the history of labor legislation goes beyond the modern industry and academic discipline. The problem of the methodological order is the continuity and discontinuity of the very course of development of the domestic system of law and branches of law of the Russian Empire, the Soviet and modern periods. Attention is drawn to the fact that many modern labor law categories in the period before 1917 were absent in the legislation, but formed the content of legal acts and scientific research. In turn, labor relations were formalized by a contract of employment (personal employment), but the specifics of its regulation were determined by mining and factory legislation. Some problems of understanding the modern history of labor law are characterized, when in the general theoretical and branch educational and scientific literature on labor and civil law, concepts such as an employment contract and labor legislation are mixed, and labor law as a branch of law refers to private law. Based on the theoretical works of scientists of the Russian Empire, the Soviet and modern period, a combination of private law and public law foundations of labor law is shown.

scholarly journals Historical aspect of criminal law representations and the system of protection of rights of the indigenous peoples of the North in the territory of Yamal and Yugra

2021 ◽  
pp. 77-86
Author(s):  
Olga Nikolaevna Naumenko ◽  
Valerii Terent'evich Galkin ◽  
Tat'yana Vladimirovna Tkacheva
Keyword(s):  
Indigenous Peoples ◽  
Criminal Law ◽  
General System ◽  
Traditional Culture ◽  
Customary Law ◽  
Historical Aspect ◽  
Legal Norms ◽  
The North ◽  
The Russian Empire ◽  
Criminal Legislation

The subject of this research is the traditional representations of the indigenous small-numbered peoples of the North that reflect the system of punishments and protection of their infringed rights when they commit a crime in a community living by the traditional culture. The article employs the following sources: codes of customary law created in Russia in the XIX century, as well as ethnographic data that include field materials collected by the authors in 2019 – 2020, and published sources that reflect the norms of customary law of the indigenous peoples of the North in the XIX – early XX centuries. The goal of this work consists in revealing the peculiarities of traditional views of the indigenous peoples of the North in the sphere of criminal law relations and protection of the infringed rights. The scientific novelty consists in two aspects: 1) consideration of the so-called “witchcraft component” in analyzing the norms of customary law; 2) use of the General System Theory of L. von Bertalanffy as methodology (synergetic approach). This approach is not usually used for cross-disciplinary historical and legal research; however, allows us understanding the mechanism of transformation of legal norms of the indigenous peoples of the North in the conditions of influence of Russian legislation. The point of bifurcation is the turning periods, when the content of legal views is being changed irrevocably, and the new version is accepted as traditional and consolidated in the customary law. In conclusion, the authors note that in the XIX – early XX centuries, the criminal law representations and mechanism of protection of rights in the traditional culture of the indigenous peoples of the North implied communication with  the spirits and hope for their justice in punishing the criminals. Certain norms of the Russian legislation that are similar to representations of the indigenous peoples of the North, infiltrated into the traditional culture, adapting to the customs; but overall, the criminal legislation of the Russian Empire collided with the views of the aborigines, which entailed the creation of the codes of customary law that were implemented in the judicial practice.

HISTORY OF THE ESTABLISHMENT OF PUBLIC SUPERVISORY COMMISSIONS

2020 ◽  
Vol 2 (3) ◽  
pp. 71-78
Author(s):  
MARIA TARASOVA ◽  
◽  
IVAN SMIRNOV
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Modern Human ◽  
Practical Significance ◽  
Historical Aspect ◽  
Public Control ◽  
Human Rights Organizations ◽  
History Of ◽  
The Russian Federation ◽  
Public Monitoring

The article deals with the historical aspects of the formation and key periods of development of public monitoring commissions. Consideration of the topic of this article through the prism of events that highlight the prerequisites for the formation of a system of public control, allowed the authors both to identify systematic difficulties faced by individuals who joined human rights organizations, and to formulate specific proposals, the application of which in practice can be indispensable for improving the activities of public monitoring commissions at the current stage of their development. The content of the article reveals historical facts that played an important role in the formation of public monitoring commissions, mainly as a human rights institution of public observers. The authors note some persons who are interested in creating a system of public control that can provide both consulting and financial assistance not only to representatives of penitentiary institutions, but also to citizens held in them. The article allows you to clearly present the chronology of events that are elements of the Foundation of modern human rights organizations, including a description of situations that affected the performance of members of public monitoring commissions in various time periods. The authors attribute the dynamics of the relevance of the functions of public control to various circumstances, including the emergence of the Gulag, which became the main stumbling block in the development of public monitoring commissions at the end of the second half of the XX century. The article also highlights the stages of forming the next composition of public monitoring commissions, provides indicators that characterize not only the number of their members in the subjects of the Russian Federation and members of such commissions, but also the number of visits to places of forced detention, verification activities, complaints and applications considered, legal consultations, etc. In addition, the authors analyzed the activities of human rights organizations that are active in some regions of the Russian Federation, which revealed the specifics of the implementation of certain rights of citizens, including those who are in prison. The use of a systematic approach to the study of the historical aspect of the creation of public monitoring commissions and the analysis of the organization of work of their members allowed the authors to identify certain problems of theoretical and practical significance, as well as to suggest ways to solve them.

scholarly journals History and Socio-Political Conditions of Preparation of the Polish Constitutions from 1919 to 1997

2020 ◽  
Vol 2 (2) ◽  
pp. 176
Author(s):  
Boris Kindyuk ◽  
Mykhailo Kelman ◽  
Vasyl Patlachuk ◽  
Olexander Patlachuk
Keyword(s):  
Soviet Union ◽  
Social Relations ◽  
Practical Significance ◽  
Leading Role ◽  
The Soviet Union ◽  
Article Type ◽  
History Of ◽  
European Standards ◽  
Soviet Russia ◽  
Political Economic

The purpose of article deals with the study of history of preparation and the reasons for the adoption of the Polish Constitutions in the period from 1919 to 1997 years. Research methods: dialectical, chronological, comparative, system-structural. Main results. The article shows that the history of the preparation of the Polish Constitutions in the period from 1919 to 1997 years occurred under the conditions of constant changes of socio-political factors, which was reflected in the state system, political, economic and social relations, rights and freedoms of the population. It is proved that the history of Polish constitutionalism has evolved in a complex vector from the insignificant in volume and scientific level of the Little Constitution of 1919, which was adopted in conditions of armed confrontation with Soviet Russia, to the 1997 Constitution, which complies with European standards. The influence of the historical personality of Marshal Jozef Pilsudski was investigated, who became the sponsor of the rebirth of independent Poland on the history of the preparation and adoption of the Polish Constitutions of 1919, 1921 years and the Constitution of 1935 in which the President of the country was given dictatorial powers during the period of war. It is shown that the Constitution of 1952, which was written according to Soviet models and based on instructions received from Moscow, had to consolidate in Poland a socialist model in which the Polish United Workers Party had a leading role in society. It is shown that the collapse of the Soviet Union led to the elimination of the communist system in Poland, the rise to power of democratic forces, which resulted the adoption Constitution 1997. The peculiarity of the Constitutional process was the fact that for the first time in the history of Poland on 25th May 1997 a referendum was held regarding its adoption. The Constitution 1997 was adopted in the context of a transition from command-administrative to a democratic system of government, so its content is marked by a democratic nature that ensured the creation of private ownership of all means of production and free trade. The historical reasons of the drafting of the Polish Constitutions have undergone a complex dynamic, which is connected with political changes in the country, which is reflected in the content of the ideas, doctrinal views and Basic Laws. The practical significance of the study lies in the use of Polish historical experience in the development of event scenarios in Ukraine in order to prevent errors in modern state-making. Originality. A comprehensive study of the history of Polish constitutionalism, taking into account socio-political reasons. Article type: descriptive.

scholarly journals A Dagestiani woman in the system of physical culture and sport in 1930s: a historical aspect of the gender stereotypes transformation

2021 ◽  
Vol 13 (3) ◽  
Author(s):  
G.Sh. Kaymarazov ◽  
◽  
L.G. Kaymarazova
Keyword(s):  
Social Relations ◽  
Gender Stereotypes ◽  
Practical Interest ◽  
Soviet Period ◽  
Physical Culture ◽  
Gender History ◽  
Historical Aspect ◽  
History Of ◽  
The Republic ◽  
First Time

The relevance of the study is determined by the scientific and practical interest in the history of national physical culture and sports, the state policy in this area, including in the national regions of the country in the early Soviet period, as well as the discussions that have unfolded in the world community today about the fate of women's sports. For the first time, the article analyzes the transformations that took place in the 1930s on the basis of reliable factual materials, taking into account modern historiographic generalizations in the structure of women's gender role on the example of participation in the physical culture movement and sports of women of multinational Dagestan, which became more and more noticeable, despite the preservation of the significant influence of Islam and traditional ideas about the place of women in the system of social relations and the family. The research carried out within the framework of socio-cultural, gender history, the history of everyday life on the basis of the principles of historicism and objectivity with the use of comparative-historical, problem-chronological, descriptive methods and taking into account the main provisions of the modernization concept, led to the conclusion that in the 1930s ... the leadership of the republic and the region began to give priority attention to the involvement of mountain girls in the physical culture and military-sports movement, which became one of the components of the program for solving the "women's issue", the implementation of which made it possible to more and more actively attract Dagestani women to participate in the socio-political and cultural life of the republic, edges, countries.

scholarly journals Ethnic and diasporic self-consciousness of the Korean diaspora of modern Kazakhstan through the prism of sociocultural processes

2020 ◽  
pp. 94-104
Author(s):  
Vasilisa Nikolaevna Markova
Keyword(s):  
Social Relations ◽  
Population Census ◽  
Spiritual Values ◽  
Korean Diaspora ◽  
Musical Comedy ◽  
The People ◽  
Legislative Framework ◽  
History Of ◽  
Sociocultural Processes ◽  
Ethnocultural Group

This article focuses on the phenomenon of Korean diaspora in Kazakhstan – a unique phenomenon in the diaspora studies. Having a racial-anthropological homogeneity with the inhabitants of Korean Peninsula, the Koreans of Kazakhstan have lost multiple ethnic traits: native language, anthroponymy, blood relationships on their historical homeland. Despite this fact, the representatives of Korean ethnos identify themselves as part of the ancient Korean culture, honor their native traditions, and state their nationality as “Korean” in the population census. An important role in conveyance of culture and spiritual values of the diaspora is played by public organizations. The Assembly of the People of Kazakhstan, Association of the Koreans of Kazakhstan, State Republican Academic Korean Theater of Musical Comedy, and Korean House are the anchors that support the diaspora and contribute to preservation of historical belonging and self-consciousness. Methodological framework is comprised of historiographical analysis of the works of Korean studies scholars dedicated to the history of Korean diaspora in Central Asia, monitoring of the legislative framework of Kazakhstan and news agenda, interviews of individual representatives of the diaspora. The conducted research proves that diasporality is a more vital form of preservation of ethnocultural identity than the ethnic attribution by linguistic or anthropological principle. Living far from their historical homeland for centuries, the representatives of Koryo-Saram continue identifying themselves as Koreans. They have gone through the key stages of assimilation, integrated into the system of social relations, and consider themselves Kazakhs of Korean descent. As long as the indicated ethnocultural group acknowledges its uniqueness and difference from other ethnic groups of Kazakhstan, the diasporic self-consciousness, Korean diaspora and its institutions would exists.

scholarly journals The right to property and the right of trust property (on the way to recodification of the civil legislation of Ukraine)

2021 ◽  
pp. 69-75
Author(s):  
O. M. Soloviov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Tax Evasion ◽  
Civil Law ◽  
Regulatory Function ◽  
Legal Institution ◽  
Negative Experience ◽  
History Of ◽  
Trust Property ◽  
The Right

The article examines the socio-economic background of the introduction of trust and other trust-like structures in the legislation of Ukraine. As a result of considering the history of the origin of the institution of trust and a systematic analysis of the provisions of domestic civil legislation, reasoned conclusions were formulated on the issues studied. The given short historical retrospective of attempts to introduce trust property and trust-like constructions into the legislation of Ukraine allows to state that they almost always led to "unworthy", negative social, financial and economic results. The question of the purpose of ignoring one's own negative experience of implementing trust-like structures in the domestic civil legislation is reasonable. Isn't it better, remembering the functions of the science of civil law, to draw the right conclusions from this experience and rely on them in their further law-making activities?! The article draws attention to the experience of using the construction of trust and trust property in the Anglo-American legal system (which, unlike ours, is calculated for centuries), and establishes that this legal institution in addition to legitimate purposes (which are charity, preservation of property from waste, formation of pension funds, etc.), is extremely popular as a means of achieving illegal and negative social results (for example, such as tax evasion, abuse of tax rates, concealment of property and income, legalization of property obtained as a result of committing crime, concealment of illegal funding of political parties and their leaders, etc.). It is obvious that the blind borrowing of someone else for the domestic legal system and the archaic institution of trust property will lead to the penetration into our legal reality of all its inherent shortcomings. Law is a regulator of social relations (and economic in particular). In this case, public relations are primary, and law - secondary. Only those civil law institutions properly perform the regulatory function that determines their existence, which are in demand throughout the history of economic relations and necessary for society as a prerequisite for its normal existence and development. If social relations have not developed, then is there a need to create "artificial" legal institutions or to borrow legal structures generated in the bosom of other legal systems to regulate relations that have developed in the age of feudalism?! These circumstances must be taken into account in any attempts to improve the acts of civil law, and in recodification, including. The question of the sufficiency (or insufficiency) of the socio-economic base for the introduction of the institution of trust in Ukraine should be categorized as rhetorical. Trust construction is just a legal tool. And the result of its application will depend on the quality of regulatory "material" proposed by the legislator (and he, in turn, representatives of the doctrine of civil law), on establishing the place of this legal institution in the civil law system, and creating legal barriers that minimize it use to achieve a socially negative effect.

scholarly journals Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Chuma Himonga ◽  
Fatimata Diallo
Keyword(s):  
Special Reference ◽  
South African ◽  
Legal System ◽  
Legal History ◽  
Legal Education ◽  
Customary Law ◽  
The Status ◽  
History Of ◽  
The Concept Of Law ◽  
Interdisciplinary Study

The student protests in South African Universities, which started in 2015, demanded the decolonisation of certain aspects of higher education. While the primary demand is free education, issues of the curriculum and transformation connected with the country's history of colonialism and apartheid have also surfaced. In the field of law, demands for curriculum change are accompanied by the broad issue of the decolonisation of law, translating into questions of legal history, the concept of law, the role of law in African societies, the status of indigenous systems of law in the post-independent/apartheid legal system, and how law is taught in law schools.This paper examines the idea of the decolonisation of law in relation to the teaching of law in African states previously under the influence of English or Roman-Dutch colonial/apartheid legal history. The teaching of law is with special reference to the system of law that governs the majority of people in Africa in private law and aspects of governance – living customary law. The paper examines the design of legal education with respect to three elements that are essential to the decolonisation of law and legal education. The elements under review are the inclusion of living customary law in legal education, a shift in the legal theoretical paradigm within which law is taught, and the interdisciplinary study of law. Thus, the paper links the decolonisation of law to how law is taught, with special reference to living customary law. In discussing these elements, the paper draws examples from the South African legal system, because it has the most advanced jurisprudential conceptualisation of customary law on the African Continent.

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