scholarly journals Counteraction to Official Customs Crimes in the Russian Empire in the 19th – Early 20th Centuries

2021 ◽  
Vol 21 (3) ◽  
pp. 35-43
Author(s):  
A.I. Glushkov ◽  
◽  
A.M. Ryabikov ◽  

The issue of combating malfeasance in the customs service in the 19th – early 20th centuries is studied. The reasons for manifestations of corruption on the part of customs officials are identified. Measures taken by the state to prevent corruption are highlighted, and problematic aspects and difficulties in bringing to criminal liability of the designated category of persons were identified. The characteristic of the corruption counteraction is given and the position on the possible implementation of the results of the measures taken in practice in the Russian Federation is indicated.

Author(s):  
Andrey V. Arkhipov ◽  
◽  

The article examines the history of the emergence and development of Russian legislation on criminal liability for fraud. It is noted that for the first time fraud is mentioned in the legal acts of the second half of the 16th century - the Codes of Justice of Tsars Ivan IV and Fyodor Ioannovich. Initially, fraud was most often understood as a deft but petty theft, in which de-ception was used to facilitate its commission. The understanding of fraud as the theft of other people's property, committed by deception, began to be formed only in the second half of the 18th century with the publication on April 3, 1781 by Empress Catherine II of the Decree "On the court and punishments for theft of different kinds and the establishment of working houses in all the gubernias." In the 19th century, the clarifying process of the content of the term "fraud" continued. It was reflected in the first codified criminal laws of the Russian Empire - Code of crimi-nal and corrective penalties of Russia of 1845 and the Charter on Punishments imposed by the justices of the peace of 1864. A significant contribution to the development of the Russian criminal law on liability for fraud was made by a group of legal scholars involved in the de-velopment of the Criminal Code of the Russian Empire, in which the whole Chapter 33 (Arti-cles 591-598) contained the rules on liability for fraud. Although the 1903 Criminal Code was not fully enacted, it had a significant impact on the formation of criminal law on liability for fraud in subsequent regulations. During the Soviet period, the legislation on the responsibility for fraud continued to develop. For the first time, abuse of trust was mentioned as a method of crime, along with deception. After the collapse of the Soviet Union and the adoption in 1993 of the Constitution of the Russian Federation, the Federal Law 10 of 01.07.1994 made signifi-cant changes to the Criminal Code of the Russian Federation of 1960 that served as the basis for the system of crimes against property in modern Russia.


2021 ◽  
Vol 3 ◽  
pp. 56-62
Author(s):  
M. S. Kiyan ◽  
◽  
T. V. Khutko

In the Russian Federation, one of the priority vectors of the development of the state is to improve the quality of justice, the guarantee of which is the effective judicial system. For the most optimal mode of functioning of the judicial system, an understanding of the main trends in its development is necessary, which requires a high level of generalization and scientific potentiation of the foundations of the organization and functioning of the judiciary, and is possible only if all previous stages of its development are analyzed. The main objective of the study: 1) determine the features of the development of the judicial policy of the Russian Empire in the regions, in particular in the Crimea; 2) to trace the evolution of the judicial system in the Crimea during its stay in the Russian Empire. When writing the work, methods of scientific research were used: dialectical, historical-legal, formal-legal, systemic, comparative-legal, historical periodization, diachronous, institutional-legal. The main results and conclusions of the study can be defined as: 1) judicial reform was a priority in the state legal policy of the Russian Empire at the end of the XVIII – early XX centuries; 2) the author's periodization of the reform of the judicial system in the Crimea. Such a consistent consideration of the organization and functioning of the judiciary allows for its comprehensive study as a historical phenomenon with its own genesis of organization and activity The article is of high scientific value, since it is the first generalizing study in the historical and legal literature devoted to the problems of the formation, development and modernization of the judiciary in Crimea as part of the Russian Empire (1783–1917), in which it was first used that were not previously included in the scientific circulation Sources of the State Archive of the Republic of Crimea of the Russian Federation.


Author(s):  
С.А. Экштут

Рецензия на сборник документов «Россия и независимость Финляндии: 1899–1920 гг.» (М.: «Политическая энциклопедия», 2021). В трех томах опубликовано 1358 документов (более 42% предстают перед читателем впервые) из ГА РФ, РГИА, РГАСПИ, РГАЭ, РГАВМФ, РГВА, из архивов МИДа ‒ АВПРИ и АВП РФ, Архива Президента Российской Федерации и Национального архива Финляндии. The article presents f review of the collection of documents "Russia and the independence of Finland: 1899-1920." (Moscow: "Political Encyclopedia", 2021). In three volumes, 1358 documents were published (more than 42% appear before the reader for the first time) from the State Archives of the Russian Federation, RGIA, RGASPI, RGAE, RGAVMF, RGVA, from the archives of the Ministry of Foreign Affairs - AVPRI and AVP RF, Archive of the President of the Russian Federation and the National Archives of Finland.


Author(s):  
Alexey S. Koshel ◽  
◽  

The article discusses the constitutional problems of consolidation, implementation and improvement of the mechanism of interaction between the parliament and higher courts in parliamentary procedures. The research methods are analysis, synthesis, normative (formal-logical), and historical-legal. The key aim of the study is to identify a mechanism for ensuring the control function of the parliament to control the implementation in the Russian Federation of laws adopted by the Federal Assembly of the Russian Federation. The author came to the following conclusions. In recent years, the higher courts of the Russian Federation have been more actively involved in the work on improving legislation in various ways. At the same time, in his annual address to the Federal Assembly on January 15, 2020, President of Russia Vladimir Putin outlined proposals to strengthen the role of the Constitutional Court of the Russian Federation in the legislative process. Since 2008, a trend has been outlined in Russia to strengthen the control powers of the parliament. One of the most important control powers of the Russian Federal Assembly, fixed in the Federal Law “On Parliamentary Control”, is, in the author’s opinion, the study of the application of laws (legal monitoring), the development of proposals for their improvement. However, along with the annual reports of the General Prosecutor of the Russian Federation at the Federation Council regarding effectiveness of legislation, it is seen necessary to oblige the Supreme Court of the Russian Federation to present reports on judicial practice in the State Duma. The Supreme Court, realizing the constitutional function of summarizing the judicial practice of the courts of the Russian Federation and developing a uniform interpretation of the norms of the law, often quite independently eliminates legal gaps, sometimes developing new legal rules, which is not fully consistent with the doctrine of separation of powers in continental law systems. Such new rules are developed within the framework of not only procedural law, but also substantive (civil and criminal) law. In fairness, it is worth noting that this is not a modern trend, it is the Russian practice that has developed over centuries: the Senate of the Russian Empire, being the highest court, developed new legal rules long before the legislator. All this, of course, does not fully correspond to the role of the court in the continental legal system. However, the same Senate of the Russian Empire, in accordance with the decree of Emperor Alexander I, also had the right to inform the emperor of the need to improve legislation. In this regard, taking into account the historical parallel, the author comes to the conclusion that there is an urgent need for Russia to introduce the annual practice of the Supreme Court’s reports to the State Duma as part of the parliamentary legal monitoring of legal gaps and conflicts identified by the Supreme Court when summarizing judicial practice, with its proposals for improving legislation.


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.


Ethnomusic ◽  
2020 ◽  
Vol 16 (1) ◽  
pp. 93-114
Author(s):  
Nadiya Suprun-Yaremko ◽  

Musical and folkloristic activities of the Kuban activist Hryhorii Kontsevych, Ukrainian in origin, lasted for half a century under conditions of the Russian Empire, and from 1920 – Soviet totalitarian socio-political reality, of which he became the in- nocent victim in 1937, accused of being involved in the preparation of terrorist attack against Stalin. Kontsevych’ name o and his versatile activity as a chanter, folklorist, composer, teacher and organizer of music affairs in the Krasnodar Territory of the Russian Federation have been hushed up for 52 years (until 1989). In her paper, the author, as a native of the Krasnodar Territory and researcher of folk culture of the Ukrainians from Kuban, set out an objective to draw up a creative portrait of H. Kont- sevych and review his folklore collections and papers that were reprinted or found in the libraries and archives of Krasnodar with the support of the leader of Kuban Cossack Choir, folklorist, Honoured Artist of Russia, Ukraine and Adygea Viktor Zakharchenko. The paper draws up Kontsevych’s creative portrait, examines (based on republication of 2001) the entire corpus of arranged and published in 1904–1913 276 song and analyses the collection “Musical folklore of Adygei in the records by H. M. Kontsevych”, written shortly before his death, but first published in 1997. The research essay “Chumaks in folk songs” introduced to the scientific circulation. The research essay “Chumaks in folk songs” introduced to the scientific circulation. The conclusion is drawn up that it was exactly Hryhorii Komtsevych, who made the great- est contribution to the formation of Kuban musical folklore.


Author(s):  
Aneta Pavlenko

This chapter examines four aspects of language management—nativization, linguistic assimilation, de-russification, and bilingual education—in the multilingual territory first occupied by the Russian Empire, then by the USSR, and then by the successor states. The rationale for this diachronic approach is twofold. The three settings are interrelated: post-Soviet developments cannot be fully understood outside their historic context, just as the full impact of Soviet language policies can only be established through the post-Soviet lens. In addition, sociolinguists generally lack familiarity with Russian and Soviet language management. The discussion focuses on the territories occupied by the fourteen successor states and on their titular languages; the processes taking place in the Russian Federation are sufficiently different to merit a separate review.


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