Legal Practice in the Southern Leon and Castile of the 12th Century: a Borderline State

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Galina Popova
Keyword(s):  
Legal Framework ◽  
Practical Implementation ◽  
Legal Tradition ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Legal Traditions ◽  
12Th Century ◽  
History Of ◽  
Normative Basis ◽  
Judicial Proceedings

The article is devoted to the legal history of the lands of the Kingdom of Toledo in the first two hundred years after the Christian reconquest. The assimilation of the conquered lands by the new political power, preserving the border position, leads to the emergence of a special legal tradition, typical for other similar territories, which received the general name “extremadura” — “borderland”. The Fueros, created in the Kingdom of Toledo, from the very beginning, firmly linked the territorial and personal nature of the legal norms included in their texts. The formation of local legal traditions took place with the active participation of the local elite, which was reflected in the editing of Fuero texts. The inhabitants of Toledo were supposed to use the Visigothic "Liber iudiciorum" as a normative basis for legal proceedings, but at the same time maintained the legitimate possibility of resorting to norms of a different origin, the so-called “Fuero of Castilians”. The lack of a strict systematization in the legal framework of the proceedings was reflected in the organization of judicial officials in Toledo. The good preservation of the local act material allows us to consider in more detail the practical implementation of the legal norm in the process of judicial proceedings, recorded in Arabic in the protocol of the end of the 8th century.

Experts and expert reviews on the pages of literary works

2021 ◽  
Author(s):  
Elena Chubina
Keyword(s):  
Federal State ◽  
Law Schools ◽  
Legal Proceedings ◽  
Educational Standard ◽  
Forensic Examination ◽  
Training Plan ◽  
History Of ◽  
Judicial Proceedings ◽  
Special Knowledge ◽  
State Educational

The textbook presents a system of case tasks, the purpose of which is to form a circle of necessary knowledge among students about the nature of expert activity, about the history of the use of special knowledge in legal proceedings, about the variety of existing types of forensic examinations, about the possibilities of using the results of forensic expert activity in law enforcement practice. The tasks are compiled in accordance with the requirements of the Federal State Educational Standard for Higher Education (3++) in the specialty 40.05.03 "Forensic Examination". The presented cases can be used in practical classes in the disciplines "Theory of forensic examination" and "Participation of a specialist in procedural actions". The textbook will also be useful as part of the course "Expertise in judicial proceedings", which is included in the training plan 40.03.01 "Jurisprudence" (bachelor's level), specialty 40.05.01 "Legal support of national security" (specialty level), specialty 40.05.04 "Judicial and prosecutorial activities" (specialty level). For students, postgraduates and teachers of law schools.

Tracing the History of the Legal System in India

2019 ◽  
pp. 1-22
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
Legal History ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
Medieval Period ◽  
British Raj ◽  
Legal Traditions ◽  
History Of ◽  
The Law

Examination of Indian legal history illustrates the presence of multiple legal orders that coexisted in India through the ages. Moreover, certain ‘modern’ conceptions of law were present in similar forms in India before the medieval period, contrary to Western assumptions. Largely ignoring these legal traditions, the British attempted to re-give law and legal systems to the Indians. This was part of the larger project of ideologically justifying the presence of the British Raj in India. The British used India’s extant legal diversity to argue for the lack of a dominant legal tradition, leading to the introduction of British common law as the law of the land.

On the issue of understanding administrative proceedings

2020 ◽  
pp. 135-140
Author(s):  
Valentin Nazarov ◽  
Tat’yana Akimova
Keyword(s):  
Russian Federation ◽  
Practical Implementation ◽  
Public Interests ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Judicial Procedure ◽  
Administrative Proceedings

We point out some trends observed in the development of Russian justice. We note the features of the historical development of the state that have influenced the legislative consolidation of administrative legal proceedings. Exploring the main approaches to the definition of administrative legal proceedings, we conditionally combine them into three large groups and characterize each of them. The various positions of legal scholars on the legal nature of administrative legal proceedings are illustrated. It is indicated that with the adoption of the Code of Administrative Judicial Procedure, there was a separation of administrative proceedings from other types, the result of which is the creation of administrative and legal means to ensure and protect public interests as well as the practical implementation of constitutional legal norms on administrative legal proceedings. We specify that the independent nature of administrative legal proceedings is determined by the specifics of this process. The features characteristic for this type of legal proceedings are analyzed. We express an opinion on the need for a more clear and unambiguous formulation of the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation and its normative consolidation. Despite the fact that more than four years have passed since the adoption of the Code, the controversy surrounding the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation continues to this day. In addition, we reveal the most important results of the adoption of the Code of Administrative Judicial Procedure.

scholarly journals Special Knowledge Application in the Prosecutor’s Office Activities

2021 ◽  
Vol 16 (7) ◽  
pp. 145-158
Author(s):  
O. Yu. Antonov ◽  
S. V. Shepelev
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Knowledge Application ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Competent Person ◽  
History Of ◽  
Response Measures ◽  
Special Knowledge ◽  
The Russian Federation

In the paper, given the recent history of prosecutorial supervision, the opinions of prosecutors and scientists, and the position of the Constitutional Court of the Russian Federation, the authors analyze the legislation and court practice on cases when prosecutors engage experts. The forms of special knowledge application in the course of the prosecutor’s supervision are highlighted and specified. The authors formulate recommendations for their design and use both during the prosecutor’s investigation and for further possible legal proceedings. In case the prosecutor’s decision is taken within the framework of the powers granted by the Law on the Prosecutor’s Office, it must be made based on the results of an audit conducted with the participation of a competent person. In cases when the prosecutor’s investigation findings are subsequently result in response measures made up of legal norms in the framework of legal proceedings, the examination must be carried out in court in order to establish the circumstances requiring the use of special knowledge. Special knowledge application in the course of the prosecutor’s investigation becomes the basis for further measures of the prosecutor’s response. The authors substantiate the opinion that the integration of the institution of forensic examination into the implementation of prosecutorial supervision in its pure form is impossible. At the end of the paper, a conclusion is formulated about the forensic significance of this activity, including for an investigator, an inquiry officer at the stage of initiating a criminal case.

The Limited Impact of the Usatges de Barcelona in Twelfth-Century Catalonia

Traditio ◽  
2001 ◽  
Vol 56 ◽  
pp. 53-88 ◽  
Author(s):  
Adam J. Kosto
Keyword(s):  
Thirteenth Century ◽  
Twelfth Century ◽  
Roman Law ◽  
Important Place ◽  
Legal Traditions ◽  
The Status ◽  
History Of ◽  
Judicial Proceedings ◽  
Local Law ◽  
Formed Part

The twelfth-century legal compilation known as the Usatges de Barcelona holds an important place in the history of Catalonia. Recognized as authoritative by kings and parliaments alike from at least the thirteenth century, the Usatges were integrated into the official collection of Catalan law commissioned by the Corts and the new king of Aragón, Fernando de Antequera, in 1412–13. The work of the jurists who carried out this task was eventually fixed in print (in Catalan) in 1495 as the Constitutions y altres drets de Cathalunya, which was reissued in 1588–89 and again in 1704. The Usatges thus formed part of the law of the region for over 500 years, until the suppression of Catalan local law in the Decreto de Nueva Planta of 1716; thereafter, they survived — and still survive — as a focus of Catalan nationalism and regional pride. For medieval historians, the Usatges usefully supplement Catalonia's abundant documentary evidence, evidence unaccompanied before the thirteenth century by significant narrative sources. Individual articles cover such diverse topics as composition payments for injuries, guidelines for judicial proceedings, inheritance rules, military obligation, the status of Jews and Muslims, marriage, rape, treason, and public highways. Drawn from and influenced by a wide variety of sources — including the Visigothic code, Roman law, comital charters, and royal decrees — they provide valuable information about legal traditions and reasoning in Catalonia.

scholarly journals Periodization of History of Judicial Transformations in Russia in the Second Half of the XIX to the XXI Century

2021 ◽  
Vol 5 ◽  
pp. 34-45
Author(s):  
Aleksey A. Demichev ◽  
◽  
Valentina M. Bolshakova ◽  
Vera A. Ilyukhina ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
The Third ◽  
History Of ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Second Period

The article proposes a periodization of judicial reforms in the Russian Empire, the RSFSR and the Russian Federation. The article proposes a distinction between the concepts of «judicial reform» and «judicial reform». There are distinguished and characterized six periods of judicial reforms in relation to the dynamics of the judicial system and legal proceedings in Russia in the second half of the XIX — XXI centuries: the first period (November 20, 1864 — July 1, 1899) — the judicial reform of 1864; the second period (July 1, 1899 — November 22 (December 5), 1917)) — the transformation of the judicial system and judicial proceedings created by the Judicial Statutes of 1864; the third period (November 22 (December 5), 1917 — May 25, 1922) — the judicial transformations of the first years of Soviet power; the fourth period (May 25, 1922 — July 10, 1923) — the judicial reform of 1922; the fifth period (July 10, 1923 — October 24, 1991) — transformation of the judicial system and judicial proceedings in the RSFSR, created during the judicial reform of 1922; the sixth period (October 24, 1991 — July 29, 2018) — judicial reform in the Russian Federation.

scholarly journals The Transformation of Chancellery Practices in Judicial Proceedings of the Russian Empire in the Late XIX to the Early XX Century

2021 ◽  
Vol 1 ◽  
pp. 30-34
Author(s):  
Natalya A. Latysheva ◽  
Keyword(s):  
Russian Empire ◽  
Practical Implementation ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
Temporal Features ◽  
Judicial Proceedings ◽  
The Russian Empire ◽  
Practical Feasibility

“Clerical techniques” in judicial proceedings are its integral part; through their implementation, the temporal features of the organization of the documenting and clerical system are fully determined. In the late XIX — early XX centuries, in the course of analyzing the introduction of judicial reform in 1864, against the backdrop of an objectively developing global process of the formation of anthropogenic civilization, a need arose to discuss the «stationery techniques» that had developed in Russia. The innovative ideas of this period were focused on practical feasibility and convenience in the process of ensuring legal proceedings. Some of the proposals have found their practical implementation.

scholarly journals On the issue of liability in economic judicial proceedings

2020 ◽  
pp. 47-51
Author(s):  
L.D. Rudenko
Keyword(s):  
Criminal Code ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Commercial Code ◽  
Legal Nature ◽  
Procedural Code ◽  
Judicial Proceedings ◽  
The Will ◽  
The Subject ◽  
State Coercion

The article specifies the legal nature of liability in commercial litigation, defines the ratio of measures of procedural coercion and liability in commercial litigation. Based on the analysis, a conclusion was made about the inexpediency of combining the measures of responsibility provided by the Commercial Procedural Code of Ukraine into an independent type of legal liability. The expediency of separating the category "Responsibility in commercial litigation" is argued. It is noted that the purpose of such liability is to comply with the procedural order of commercial proceedings under the threat of criminal, administrative, civil, disciplinary liability. Liability in commercial litigation includes all types of liability that are realized in connection with the implementation of such litigation: criminal, administrative, disciplinary liability of judges, lawyers, prosecutors, civil liability. Measures of such responsibility may have as their normative source not only the Commercial Procedure Code, but also the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Commercial Code, the Civil Code. It is noted that liability in commercial litigation is a complex legal institution. It is specified that measures of procedural coercion and liability in commercial litigation are forms of state coercion. Procedural coercion has a wider scope than liability in commercial litigation. The signs of procedural coercion in commercial litigation are specified: implementation regardless of the will of the subject to which they are applied; application by the court; implementation in connection with the implementation of legal proceedings in a particular case; ensuring the implementation of the tasks of commercial litigation; in some cases it is an unfavorable consequence of violation of the requirements of the legal norm (disposition), ie in connection with the implementation of dispositions of legal norms, in other cases it is the implementation of dispositions of legal norms that establish certain restrictions to ensure proceedings.

Russian National Legal Tradition: Svod versus Ulozhenie in Nineteenth-century Russia

2008 ◽  
Vol 33 (3) ◽  
pp. 295-341 ◽  
Author(s):  
Tatiana Borisova
Keyword(s):  
Nineteenth Century ◽  
French Revolution ◽  
Russian Language ◽  
The Political ◽  
Late Nineteenth Century ◽  
Legal Tradition ◽  
Political Struggle ◽  
Legal Traditions ◽  
History Of ◽  
Legal Concepts

AbstractThe article describes and analyses the competing approaches to codification in Russia during the first decades of the nineteenth century following Napoleon (and his Code Civil) and its evaluation in the late nineteenth century. Based on recent methodology—the history of notions (Begriffsgeschichte)—this article presents the history of codification through the perspective of the emergence and development of the Russian legal terms 'svod' (compilation/digest) and 'ulozhenie' (system/code). These terms represented the 'battle flags' of the two parties: on one hand, those whom one might characterize as rationalist, universalist, Enlightenment-oriented, based on the French Revolution and inspired by the Code Napoleon; and, on the other, those who might better be described as history-oriented, traditionalist, romantic, nationalist. Speranskii, initially the prime representative of the first tendency, was ultimately successful as the leader of a Russian codification movement by claiming an original national approach to codification, while in practice combining the two elements. The article seeks to demonstrate that the categories of 'national', 'traditional', 'original'—as well as their opposites, 'universalistic', 'rationalist'—which were used in the political and academic discourse on codification in nineteenth-century Russia, may be analyzed as a rhetorical means of argument skillfully applied by the ambitious drafters of new codes (as well as by their opponents). Contextual analysis of both the Russian and European political background of codification discussions are applied in this work, which leads to conclusions on the construction (and deconstruction) of a national mythology of legal traditions. My view of the creation of a new code of laws (ulozhenie)—during the first three decades of the nineteenth century—is one of the completion of a Russian national project. It became such rather suddenly in the spring of 1812 as a result of both major forces and of chance circumstances, the movement of armies, global ideas and the passions of historical figures. The combination of a number of factors resulted in a situation whereby the political struggle over the new code was conducted through the language of nationalism by contrasting the 'national spirit of the law' with 'foreign principles'. In the struggle for a new code, the opposing sides not only used 'national rhetoric' introduced from outside but, also, changed the Russian language, inventing new 'national' meanings for legal concepts.

ROBOTICS PROJECTS IN SCHOOL INFORMATICS COURSE

2019 ◽  
pp. 52-56
Author(s):  
V. V. Tarapata
Keyword(s):  
Information Transmission ◽  
Educational Robotics ◽  
Project Approach ◽  
Teaching Tools ◽  
Modern School ◽  
Research Activities ◽  
Information Processes ◽  
History Of ◽  
Normative Basis ◽  
Typical Model

The article describes the prerequisites for the use of educational robotics in the school course of informatics, the history of the development of its directions and the normative basis for its use in modern school education. A typical model of an educational robotic project for the organization of research and project activities of students has been proposed. The technological chart of the lesson as an example of the implementation of a robotic project in the framework of the research activities on informatics is considered. Approaches to the organization of educational activities, teaching tools and ways of evaluation in informatics class on the theme “Information processes. Information transmission” when using the project approach are described.

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