scholarly journals Historical Monuments of Legal Regulations on Infanticide in Ancient Rus and Pre-Revolutionary Russia

2021 ◽  
pp. 34-44
Author(s):  
Ekaterina Z. Sidorova ◽  
◽  
Evelina Yu. Buzinsky ◽  

The article studies the history of legislative regulation of public relations related to the murder of children by their parents. The research methods are historical-legal, comparative-legal, formal-logical, etc. The work is significant, as it allows us to look at the problem of infanticide from the historical point of view and to assess the variability of the legislator’s approach to this phenomenon. In our society the murder of children is still committed. The authors believe that studying the historical basis and causes of the murder of a newborn by its mother will help to find an answer to the question of why infanticide was committed and is still committed. There is a gap in scientific knowledge: the society has not yet found a means to make child abuse (and their murder) few and far between in our country. The lack of scientific knowledge in this area creates a ground for conducting scientific research. The authors refer to Ancient Rus and pre-revolutionary period, analyze the legislation, and assess the legislator’s approach to murder of a child by an adult. The study reflects the variability of the legislator's position on the issue. The methodological basis of this work includes analysis and generalization of literature and publications in periodicals devoted to historical aspects of legal regulation of infanticide, as well as study of legal monuments containing relevant legal regulations. The main results of the work are that the authors have conducted a historical analysis of the legal ban on committing infanticide from Ancient Rus to pre-revolutionary Russia. Initially, the murder of a child, primarily an illegitimate one, by its mother was classified as a qualified crime and severely punished. However, with development of society, state, and law, the legislator reduced the punishment for committing infanticide. The contribution of this research to science is determined by its novelty. The authors have been able to show how important social norms and mores are for forming the opinion of the legislator.

Author(s):  
V.I. Antonov ◽  
E.V. Antonov

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.


Author(s):  
Fayzulla Tolipov ◽  

The article describes the specifics of the system of financing of small business and entrepreneurship in the recent history of Uzbekistan, the funds allocated for small business and entrepreneurship, the activities of commercial banks and the financial and banking system, some problems in the field. It also noted that since the early days of independence, a unique business environment has been created in the country to support the interests of entrepreneurs in the framework of development programs in this area, data on the role of financial mechanisms in the further development of small business and entrepreneurship in the country have been studied from a historical point of view. The article highlights the positive situation in the country's macro and microeconomic indicators, ie the active participation of banks in attracting local entrepreneurs and foreign investment, the existing problems in this area and the measures taken to address them. It analyzes the important factors and strategies of banks' participation in the development of business and entrepreneurship.


The article attempts to comprehend the essence and possibility of forming discourse competence among foreign and Russian students with simultaneous immersion in patriotic discourse. It is highlighted that the addition of the humanitarian series of “History of Civilizations” and “Features of Russian Civilization” to the educational process at the university creates the necessary pedagogical conditions for organizing a special linguo-ethno-cultural environment that forms active social interaction of authors within the framework of the medical and patriotic linguistic scenario. The authors of the article conducted a semantic and historical analysis of interpretations of the concept of “patriotism” that were studied from the point of view of traditional and liberal culture. The article presents the results of a socio-pedagogical study of students' perceptions of this concept. The article describes various theoretical and methodological approaches to the definition of the concepts of “discourse” and “discursive picture of the world” as well as psycholinguistic features of the method of semantic differential. Special attention in the article is paid to the typologies of discourse presented in the scientific literature. The authors of the article present the principle of genre and the principle of thematic correlation as the basis for distinguishing between types of discourse and highlight differences in language and discursive pictures of the world. The tasks of educators is to form not only purely medical discursive competence, but also to immerse the listener in “correctly” interpreted picture, saturated with verbal patterns that allow to create statements of patriotic content.


Articult ◽  
2021 ◽  
pp. 19-31
Author(s):  
Leila F. Salimova ◽  
◽  

Modern scientific knowledge approaches the study of the physical and aesthetic bodies with a considerable body of texts. However, on the territory of the theater, the body is still considered exclusively from the point of view of the actor's artistic tools. Theatrical physicality and the character of physical empathy in the theater are not limited to the boundaries of the performing arts, but exist in close relationship with the visual and empirical experience of the spectator, performer, and director. The aesthetic and ethical aspect of the attitude to the body in the history of theatrical art has repeatedly changed, including under the influence of changing cultural criteria of "shameful". The culmination of the demarcation of theatrical shame, it would seem, should be an act of pure art, independent of the moral restrictions of society. However, the experiments of modern theater continue to face archaic ethical views. The article attempts to understand the cultural variability of such a phenomenon as shame in its historical and cultural extent using examples from theater art from antiquity to the present day.


2019 ◽  
Vol 62 ◽  
pp. 10005
Author(s):  
S.P. Bortnikov

The relevance of work is caused by importance of correlation of the legal methods established by the power and the economic maintenance of the adjustable relations. In article the general approaches to legal regulation of economy, on the one hand, and to the economic analysis of law – with another are analyzed. The author argues the point of view according to which the correlation "law and economy" and differentiation of the economic analysis of continental and common law is necessary. Arguments in support of the centralized legal regulation and economic management of economy are adduced. Further author's main characteristics "the economic analysis of law" in the changing state of the Russian Federation, since 1990 are granted. In the most general sense methodological and ideological bases of approach to definition of legal regulation of economic management in the socialist and capitalist state are defined. According to the author, capitalism is also the deadlock direction of economic development. The approach existing in an economics represents attempt to extend phenomena of the neoclassical economic theory and neo institutionalism to the spheres of the public relations which are not connected with economy (i.e. economic approach to all social problems). Demand is not exclusively economic category, it extends also to the sphere of the right which is estimated also on availability, the price, alternative costs, usefulness. The author proves need of the researches covering boundary subject of law and economy. Arguments in support of this point of view are adduced. The conclusion is in conclusion drawn that need of researches on a joint of the right and economy is obvious now, and it concerns not only legal, but also equally economic science. At the same time interaction of sciences has to be carried out as equals, and amendments have to concern both fields of knowledge. In this regard researches "the rights and economies" can become one of the most perspective directions of development within both law, and economy.


Author(s):  
Vladyslav Zalievskyi

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.


Author(s):  
Karel Brychta ◽  
Pavel Svirák

The purpose of the paper is to describe development in de lege lata regulation of the tangible assets tax depreciation in the Czech Republic. The period under consideration was that since 1990. For the period 1990–2009 the legal state valid and operative as of December 31st of the relevant year and in case of the year 2010 as of the state valid and operative as of June 30th were taken into account. To obtain information on relevant de lege lata regulation, the computerized system of legal information ASPI was used. The results of carried out comparison are presented above all in tables and connected commentaries.Even if the attention was paid only to one main selected category of property, it was necessary to approach to a description and assessment of only selected changes because of the extensiveness of the issue in focus. At the very beginning, the paper deals with the specification of the basic legal principles governing the Czech law. Subsequently the paper gives a description of the legal regulation valid and operative until 31st December 1992 and the way of transformation to new rules stated in the Act No. 586/1992 Coll., on Income Taxes, as amended. Since 1993, this Act on Income Taxes has represented the basic legal standard regulating among others the issue of property depreciation. In relation to regulations stated in this Act, the attention is paid to the development in selected aspects. Namely the depreciable period, number of depreciation categories, determination of depreciable tangible property according to Section 26 of the Act on Income Taxes, depreciation rates and coefficients are involved. Besides, the paper follows also the main means of tax liability optimization due the course of the period under consideration. After consideration of acquired results, one can observe that the most changes were realized on the level of relevant provisions of the Act on Income Taxes during the nineties of the last century. When speaking of present legal regulation, this one can be assessed as a relatively steady in relation to followed provisions of the Act on Income Taxes. In general, the trend can be assessed, from the tax-payers point of view, as a positive one. However, taking account of this conclusion, it is to stress that the paper is dealing only with a part of the issue of tangible property depreciation. For deeper analysis it seems to be useful to include other aspects, such as e. g. assessment of impact of changes in legal regulations in question on the tax base.


Author(s):  
M. Koigeldiev ◽  

The 20-30 years of the XX-th century in the history of Kazakhstan are characterized by the formation of such a form of governance of the republic from the center as the institute of emissaries. This form of management remained unchanged until the end of the Soviet period. The system of administrative management has acquired a new character, consolidating the former imperial positions based on the search for sources of raw materials and sales markets. The history of the formation and activity of the Institute of emissaries as a management system in Kazakhstan was not considered as an object of historical analysis. For the first time in the Kazakh historiography in the context of the 20-30s, the author analyzes the origins of the formation of this institute of management. The article highlights the beginning of a new stage in the Kazakh history, which implies a generalization of the activities of the power system and its nature from the point of view of modern realities.


Author(s):  
Tetiana Tarakhonych

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.


Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 114-120 ◽  
Author(s):  
L. G. Efimova

The paper criticizes the relatively recent view that traditional legal norms cannot be applied to public relations regulation in cyberspace. Researchers are debating whether it is permissible to regulate relationships arising from the use of computer technologies, such as cryptocurrency turnover and other relationships on the blockchain platform, by means of law. Opponents of legal regulation of cryptocurrency turnover refer to the impossibility of regulating computer technology by legal means. It is known that the lack of legal regulation of public relations is no less harmful than their overregulation. The author analyzes classical, "modernist", and eclectic approaches to the legal regulation of public relations in cyberspace. According to the author, public relations in the web space, including those that arise on the blockchain platform, can be regulated not only by national laws, but also by two special new sources of law — computer code (lex informatica) and special customs of cyberspace (lex electronica). Regulation by codes and special customs, which are concentrated on the Internet, gradually form a supranational law of cyberspace. Since the law, algorithmic code, and special customs of cyberspace are different sources of law, the point of view of those researchers who write about the decline of legal regulation and its replacement by code regulation is unfounded. It is premature to conclude that the law is dying out in the transition of contractual relations to cyberspace. Lawrence Lessig’s expression "Code is law" is correct in the sense that code is only one possible source of law.


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