scholarly journals Judicial system and legal proceedings of the Hetmanate (second half of the 17th – first half of the 18th centuries)

2021 ◽  
pp. 8-25
Author(s):  
V. O. Rumyantsev ◽  
S. L. Hotsuliak

The article identifies and characterizes the main stages of formation and transformation of the judicial system and the judiciary of the Hetmanate. The years of independence of the Ukrainian state are marked by rapid changes in the judicial system. The desire of national law to eliminate gaps, determines the interest in the legal past, namely, awareness of the need to reproduce an objective picture of the emergence and evolution of national justice to determine the main directions of its further development. In this regard, the analysis of the judicial system and the judicial process in the Ukrainian lands of the second half of the XVII – first half of the XVIII century. Is useful in some respects. First, an important factor is the appeal to the history of the Ukrainian judicial system, namely the period of the second half of the XVII – first half of the XVIII century, which was decisive for the formation of Ukrainian law as a prototype of European. Secondly, in recent decades there has been an accumulation of significant theoretical and scientific value, which requires a theoretical rethinking of many facts and phenomena. The relevance of the study lies in the accumulation of a large amount of information to reproduce an objective picture of the provisions of the judiciary, which can significantly affect the evolution of the national judicial system and determine its further development. The purpose of the article is to study the structures of the judicial system of the Hetmanate in the second half of the XVII – first half of the XVIII century., And highlight the main features of the judiciary. Issues related to the organization of the judicial system and forms of justice in the Hetmanate in the second half of the XVII – first half of the XVIII century are considered and analyzed. The legal aspects of the organization and activity of various institutions of the judicial system, their jurisdiction and instance are also analyzed. The most significant provisions of the proceedings are highlighted: preliminary investigation, procedure for consideration of the case, evidence, court decisions, the procedure for their appeal and execution.

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 288-297
Author(s):  
Yury Alexandrovich Svirin ◽  
Vladimir Aleksandrovich Gureev ◽  
Sergej Nikolaevich Shestov ◽  
Elena Vladimirovna Fomenko ◽  
Mikhail Alexandrovich Gorbunov

The authors analyze the history of the development of the judicial system in Russia and conclude that the court is a priori inherent in the function of legal proceedings, but the court does not always administer justice. The purpose of the study is to determine the essential features of justice, to analyze the relationship between justice and legal proceedings, to analyze the judicial process in Russia from a historical point of view, to determine the ratio of judicial and presidential power in Russia.  A historical analysis of the development of the judiciary in Russia and its independence in certain historical segments was carried out; the essence of justice was determined; the independence of such legal categories as legal proceedings and justice was proved, it was proved that legal proceedings are a priori inherent in the judicial system, while justice was carried out only in democratic states where the independence of the judiciary from other authorities is ensured.


2020 ◽  
Vol 963 (9) ◽  
pp. 30-43
Author(s):  
M.Yu. Orlov

Studying the current state of cartography and ways of further developing the industry, the role of the map in the future of the society, new methods of promoting cartographic products is impossible without a deep scientific analyzing all the paths, events and factors influencing its formation and development throughout all the historic steps of cartographic production in Russia. In the article, the history of cartographic production in Russia is considered together with the development of private, state and military cartography, since, despite some differences, they have a common technical, technological and production basis. The author describes the stages of originating, formation and growth of industrial cartographic production from the beginning of the XVIII century until now. The connection between the change of political formations and technological structures with the mentioned stages of maps and atlases production is considered. Each stage is studied in detail, a step-by-step analysis was carried out, and the characteristics of each stage are described. All the events and facts are given in chronological order, highlighting especially significant moments influencing the evolution of cartographic production. The data on the volumes of printing and sales of atlases and maps by commercial and state enterprises are presented. The main trends and lines of further development of cartographic production in Russia are studied.


Author(s):  
Valerii Kolpakov

Article investigates the administrative procedural relations which exist in sphere of action of administrative courts. The place of these establishes the relations in administrative law of Ukraine. For this purpose author investigates the legal nature of norms of administrative legal proceedings; analyzes the legislation on administrative courts; considers practice of work of administrative courts; studies history of administrative judicial system; analyzes scientific research in the sphere administrative law, administrative process, functioning of judicial system; studies drafts of normative documents in the sphere of administrative legal proceedings. As a result of the research author proposed definition of the administrative process.


Author(s):  
Тимур Султанович Габазов ◽  
Аюб Бисланович Сулейманов

В настоящей статье рассматривается историко-правовое зарождение гражданского судопроизводства в России. Затрагивается важнейшая сфера научного исследования процессов формирования судебных органов и судейского сообщества в России в целом. Предельно точно указаны временные отрезки наиболее значимых и ключевых изменений происходивших в судопроизводстве в тот или иной исторический период Российского государства. А также акцентируется внимание на необходимости изучения данных явлений, так как они могут стать важной основной для дальнейшего развития гражданского судопроизводства в России. This article examines the historical and legal origin of civil proceedings in Russia. The most important area of scientific research of the processes of formation of judicial bodies and the judicial community in Russia as a whole is touched upon. The time periods of the most significant and key changes that took place in legal proceedings in a particular historical period of the Russian state are indicated with extreme precision. It also focuses on the need to study these phenomena, since they can become an important basis for the further development of civil proceedings in Russia.


Author(s):  
Marinela Mladenova

The assumption in the historiography of the Soviet period implies that the Soviet power established in Azerbaijan played a major role in the modernization and further development of the country. Within the last three decades, when many new studies, memories, copies of documents, and data from previous secret archives have been published, a different history has emerged. The decisions related to the development of the secondary and tertiary education in Azerbaijan, voted by the Parliament of the Democratic Republic, clearly reveal the vision of the then politicians for rapid changes and modernization of society that were possible mainly through education. The first Azerbaijani politicians connected their country’s modernization with Europe, where they sent its future elite to study. The blood terror through which the Soviet power was established in Azerbaijan overturned the fate of many people, drammatically ceased the European orientation of the country for a long period, and predefined the next 70 years of its development.


2021 ◽  
Vol 5 ◽  
pp. 34-45
Author(s):  
Aleksey A. Demichev ◽  
◽  
Valentina M. Bolshakova ◽  
Vera A. Ilyukhina ◽  
◽  
...  

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.


2018 ◽  
Vol 69 (2) ◽  
pp. 23-28
Author(s):  
V. A. Grechenko

The objective of the article is to highlight the scientific work of Professor O. I. Paliumbetskyi in the field of the history of Old Russian law. This objective is specified in the following tasks: to show how the witnesses testimonies were evaluated by scholars; what significance he gave to probations in the system of court evidence of the time of Kievan Rus; where he saw the peculiarities of the Russian legislation regarding court evidence in comparison with the German one. The scientific novelty of the article is the fact that it first reveals the essence of the scientific contribution of O. I. Paliumbetskyi to the study of the judicial process of the Kievan Rus period. The author has demonstrated what kind of court evidence of this time he considered the basic, in particular, the author has revealed his understanding of the value of witness testimony (including outcomes and obituaries), probations and oaths. The scholar has stressed that the development of justice largely depended on the formation of statehood in Russia – there was the evolution of the legal process with its genesis. O. I. Paliumbetskyi drew attention to the fact that the distinctive feature of the most ancient laws of many peoples was the identity of private and criminal law, according to which all decisions regarding private relations between individuals were at the same time criminal law, and certain punishment was provided for their violation. The researcher has shown that the testimony of witnesses in Old Russian law served as the basis of the whole system, and all other evidence was related to it. Considering the significance of the oath in legal proceedings of that period, O. I. Paliumbetskyi noted that the right to prove by the oath in the old Russian laws equally belonged to both the indictor and the accused. The first used it when he was not able to provide any evidence, even imperfect, and the latter used the oath as a mean of purging from the evidence against him. The scholar pointed out that the fight between the parties, according to the Russian law, was used in the absence of evidence of a plaintiff and, moreover, served as evidence for a defendant, who could replace it with other means of defense, except for the oath. O. I. Paliumbetskyi came to the conclusion that the influence of German legislation on the Old Russian one in relation to the system of court evidence was insignificant.


Author(s):  
Sergey Vasil'ev ◽  
Vyacheslav Schedrin ◽  
Aleksandra Slabunova ◽  
Vladimir Slabunov

The aim of the research is a retrospective analysis of the history and stages of development of digital land reclamation in Russia, the definition of «Digital land reclamation» and trends in its further development. In the framework of the retrospective analysis the main stages of melioration formation are determined. To achieve the maximum effect of the «digital reclamation» requires full cooperation of practical experience and scientific potential accumulated throughout the history of the reclamation complex, and the latest achievements of science and technology, which is currently possible only through the full digitalization of reclamation activities. The introduction of «digital reclamation» will achieve greater potential and effect in the modernization of the reclamation industry in the «hightech industry», through the use of innovative developments and optimal management decisions.


2020 ◽  
Vol 10 (3) ◽  
pp. 149-154
Author(s):  
YURI FRANCIFOROV ◽  
◽  
MARINA BARANOVA

The purpose of the article is to consider the peculiarities of investigative and judicial actions that are caused by their postponement, the inability to attract a lawyer, as well as the suspension of the preliminary investigation during the period of emergency measures taken by the government of the Russian Federation in response to the outbreak of the coronavirus infection pandemic (COVID-19). The authorsanalyze the features of the courts activity in connection with the coronavirus pandemic, which is associated with minimizing the personal reception of citizens and submitting documents via electronic Internet reception offices of courts or by Russian Post, as well as the possibility of conducting online court sessions. The authors come to the conclusion that the judicial system was not sufficiently prepared for the pandemic, and therefore it is urgently necessary to adopt a special normative act that would regulate the implementation of judicial proceedings in emergency situations, allowing to continue to consider urgent cases, including materials on the election, extension, cancellation or change of a preventive measure.


Author(s):  
Bashkim Selmani ◽  
Bekim Maksuti

The profound changes within the Albanian society, including Albania, Kosovo and Macedonia, before and after they proclaimed independence (in exception of Albania), with the establishment of the parliamentary system resulted in mass spread social negative consequences such as crime, drugs, prostitution, child beggars on the street etc. As a result of these occurred circumstances emerged a substantial need for changes within the legal system in order to meet and achieve the European standards or behaviors and the need for adoption of many laws imported from abroad, but without actually reading the factual situation of the psycho-economic position of the citizens and the consequences of the peoples’ occupations without proper compensation, as a remedy for the victims of war or peace in these countries. The sad truth is that the perpetrators not only weren’t sanctioned, but these regions remained an untouched haven for further development of criminal activities, be it from the public state officials through property privatization or in the private field. The organized crime groups, almost in all cases, are perceived by the human mind as “Mafia” and it is a fact that this cannot be denied easily. The widely spread term “Mafia” is mostly known around the world to define criminal organizations.The Balkan Peninsula is highly involved in these illegal groups of organized crime whose practice of criminal activities is largely extended through the Balkan countries such as Kosovo, Albania, Macedonia, Serbia, Bosnia, Croatia, Montenegro, etc. Many factors contributed to these strategic countries to be part of these types of activities. In general, some of the countries have been affected more specifically, but in all of the abovementioned countries organized crime has affected all areas of life, leaving a black mark in the history of these states.


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