scholarly journals Evolution of legal regulation of activity forms of members of representative bodies of local self-government in the Ukrainian lands within Austria-Hungary and pre-revolutionary Russia

2020 ◽  
Vol 4 (4) ◽  
pp. 110-118
Author(s):  
Ivan Omelko
Keyword(s):  
Local Government ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Liberal Democratic ◽  
Regulation Of Activity ◽  
Local Representative ◽  
The Russian Empire ◽  
Xix Century ◽  
Rule Making

The article deals with historical and legal aspects of the normative regulation of the forms of activity of the representative bodies of local self-government and their members on the Ukrainian lands, which were part of Austria-Hungary and pre-revolutionary Russia. It is shown that during the 60-90s of the XIX century, there was an accumulation of experience in the normative consolidation of the legal status and organization of the work of local representative bodies, the formation of the main forms of their activity. Attention is drawn to the fact that in both empires the adoption of liberal legislation on local self-government led to the activation of local rule-making. The content of national and local acts regulating the forms of activity of representative bodies of the late XIX – early XX centuries is analyzed. In its modern form, local government developed in the nineteenth century. as a result of the victory of liberal-democratic reforms in the world's leading states. Therefore, consideration of the evolution of legal regulation of the forms of activity of deputies of domestic local representative bodies should begin in the 1860s, when in Austria-Hungary and the Russian Empire, which at that time included Ukrainian lands, local government began almost simultaneously. The period of functioning of representative bodies of local self-government in the Ukrainian lands as a part of Austria-Hungary and pre-revolutionary Russia (1862-1917) should be considered as the first stage of evolution of forms of activity of deputies of local councils in modern Ukraine. This was the stage of initiating the normative consolidation and practice of implementing the forms of activity of the deputy corps of domestic representative bodies of local self-government.

Soldiers’ children in legislation and law enforcement practice in Russian Empire of 18th–19th centuries

2019 ◽  
pp. 131-142
Author(s):  
Evgeniy Nevzorov
Keyword(s):  
Law Enforcement ◽  
Social History ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Russian Empire ◽  
Social Characteristics ◽  
Wide Range ◽  
Archival Documents ◽  
The Russian Empire

We consider historical and legal aspects of social and class status of minor members of “military class”: soldiers’ children, recruit’s children, soldiers’ daughters. These children had special status in legislation and law enforcement practice in Russian Empire in 18th–19th century as they were born in the families of recruits, lower ranks soldiers during their service in Russian army, retired soldiers, soldiers on indefinite leave and service-disabled veterans. On the basis of wide range of archival and published materials we reconstructed the legal regulation and social characteristics of “military offspring” in military forces and civil society. We also reveal recorded in primary archival documents and legal acts social and legal, class and household collisions and trends, which determined life and destiny of “military children”. We clarify statistical uncertainties, which occurred during estimation members of military class – soldiers’ children – in Russian province. We also give detailed historiographic assessment of studying legal status of cantonists and soldiers’ daughters. We conclude about the prospects of studying this scientific problem by domestic historians, as well as the presence of primary archival documents, which are waiting for the introduction into scientific circulation. It is proved that the category of “soldiers’ children” was not only a subject, but was often the object of Russian legislation, this category also made it possible to successfully defend their rights. We reveal features of transformation of the former cantonists into professional soldiers, and also their role in military and social history of the Russian Empire of the considered chronological period.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

scholarly journals On the issue of the state and legal regulation of petty bourgeois' self-government in the Russian Empire

2019 ◽  
pp. 205-209
Author(s):  
Natal'ya N. Okutina
Keyword(s):  
Local Government ◽  
Public Participation ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
Stages Of Development ◽  
Historical Experience ◽  
The Russian Empire ◽  
Class Nature

This article examines the formation and development of the petty bourgeois' self-government of the late 18th — the early 19th centuries. The author made an attempt to reveal the main stages of development of petty bourgeois' self-government in Russia within the framework of the proposed periodisation. The paper analyses the main legal acts and the changes they make to the legal regulation of the activities of the local government bodies within a certain historical framework. The author provides an analysis of the legal regulation of issues of an intra-class nature and the representation of members of petty-bourgeois corporations in local government and state bodies. On the basis of the conducted research, conclusions are drawn up on the need for further reform of the existing forms of public participation in solving local issues, taking into account historical experience.

scholarly journals PECULIARITIES OF THE LEGAL REGULATION OF THE INSTITUTION OF EXTRADITION OF AN INDIVIDUAL FOR CRIMINAL PROSECUTION OR SENTENCE EXECUTION IN THE RUSSIAN EMPIRE IN THE SECOND HALF OF THE XIX CENTURY

2021 ◽  
Vol 2 ◽  
pp. 30-32
Author(s):  
Andrey P. Elchaninov ◽  
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
Russian Empire ◽  
Criminal Prosecution ◽  
Legal Institution ◽  
International Treaties ◽  
Foreign Countries ◽  
Historical Comparative ◽  
The Russian Empire ◽  
Xix Century

Тhe article examines the main provisions of the Russian legislation and international treaties of the Russian Empire in the second half of the XIX century, govern the extradition of persons who committed crimes on the territory of Russia for their conviction in a state, which citizens they are, and also Russian citizens who have committed crimes in foreign countries, to condemn them in Russia. The use of the historical-comparative method allowed the author to conclude that the main provisions of the extradition of criminals to foreign countries, formulated by domestic lawyers in the second half of the XIX century, served as the basis for the development of this legal institution in modern Russia.

SOCIO-POLITICAL PROCESSES AND ISSUES OF PUBLIC GOVERNANCE IN THE EMIRATE OF BUKHARA IN THE COLONIAL CONDITIONS OF THE RUSSIAN EMPIRE

2020 ◽  
Vol 11 (3) ◽  
pp. 78-82
Author(s):  
Feruza Fayziyeva ◽  
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Central Government ◽  
Russian Empire ◽  
Public Governance ◽  
Political Processes ◽  
The Russian Empire ◽  
Xix Century

The article analyzes the socio-political processes in the Bukhara Emirate in the second half of the XIX century. Also, after the invasion of the Russian Empire, the traditions of public administration in the Emirate of Bukhara, ie the system of central government and local government, were scientifically studied on the basis of historical facts.

Convicts’ labor organization processes in the Russian Empire in the heyday of absolutism (XVIIIth century): the Historical and legal aspect

2019 ◽  
pp. 139-144
Author(s):  
Алексей Владимирович Родионов ◽  
Елена Владимировна Емельянова
Keyword(s):  
Legal Aspect ◽  
Legal Regulation ◽  
Russian Empire ◽  
Historical Period ◽  
Labor Organization ◽  
Legal Doctrine ◽  
The Enlightenment ◽  
Low Efficiency ◽  
The Russian Empire ◽  
Rule Making

В статье приведены результаты историко-правового исследования процессов организации труда осужденных в Российской империи в период расцвета абсолютизма. Определены некоторые особенности законодательства, регулировавшего привлечение осужденных к труду на вновь присоединенных территориях Малороссии. Проанализированы нормы уголовного и уголовно-исполнительного законодательства, определявшие особенности привлечения осужденных к труду. Исследованы предпосылки формирования гуманистической правовой доктрины, определившей существенную либерализацию отечественного уголовно-исполнительного законодательства исследуемого периода. Определено существенное влияние прогрессивных политических и правовых учений европейских мыслителей эпохи Просвещения на процессы отечественного нормотворчества. Выявлены причины низкой эффективности применения ряда законодательных актов, определявших особенности организации труда осужденных. Проанализированы социально-экономические предпосылки, определявшие направления развития отечественного уголовного и уголовно-исполнительного законодательства изучаемого исторического периоду. The article presents the results of historical and legal research of convicts’ labor organization processes in the Russian Empire in the heyday of absolutism. Were identified some features of legal regulation of convicts’ involvement work in the newly annexed territories of Malorossia. Were analyzed the norms of criminal and criminal-executive legislation, that defined features of convicts’ involvement to work. The prerequisites for the formation of the humanistic legal doctrine, which determined the significant liberalization of the domestic criminal-executive legislation of the studied period, were investigated. The significant influence of progressive political and legal doctrines of European thinkers of the enlightenment on the processes of domestic rule-making was determined. The reasons of low efficiency of application of a number of the legislative acts defining features of the organization of work of convicts were revealed. The socio-economic conditions that determined the directions of development of the domestic criminal and criminal-executive legislation of the studied historical period were analyzed.

scholarly journals Unia polsko-rosyjska z 1815 r. na tle unii lubelskiej i projektów unii Rzeczypospolitej i Rosji z XVI i XVII w.

2019 ◽  
pp. 123-141
Author(s):  
Jakub Wojas
Keyword(s):  
Legal Status ◽  
Objective Assessment ◽  
Legal Aspects ◽  
Russian Empire ◽  
Economic Prosperity ◽  
The Russian Empire ◽  
Grand Duchy Of Lithuania ◽  
The One ◽  
Grand Duchy

The lifetime of the Kingdom of Poland – a state connected with the Russian Empire by a union – has not been unequivocally assessed in Polish historiography. On the one hand, the Kingdom had its own army, administration and a very liberal constitution, and had quickly achieved economic prosperity. On the other hand, within a few years of its creation, there occurred the fi rst violations of the Constitution and the persecutions of those who opposed these infringements. A significant event was the revolt of the Cadets of 29 November 1830, which turned into a uprising, today referred to as the November Uprising. This article is the analysis of the legal aspects of the Polish-Russian union created in 1815. It is then compared with the Union of Lublin and the drafts of planned unions between the Polish-Lithuanian Commonwealth and the Tsardom of Russia in the 16th and 17th centuries. The circumstances which led to the creation of the Kingdom of Poland and its union with the Russian Empire, as well as the earlier attempts to create one state of the Polish-Lithuanian Commonwealth and the Russian Empire, as well as the principles of a union of the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania are presented. The principles upon which these unions were to be based are subsequently compared and analysed. A particular emphasis has been placed on the issues related to the international legal status of the Kingdom of Poland. In this context questions such as: the treaty-making power and jus legationis have also been asked. Another important issue discussed in the paper is also the role of the king in matters concerning foreign policy and a possible role of Russia in these matters. The results of this analysis allow to formulate a more objective assessment of the period of the Kingdom of Poland, focusing on its legal status and position, and in particular on the relation with the Russian Empire.

scholarly journals LEGAL REGULATION OF NAVAL FORCES ACTIVITY: WORLD EXPERIENCE

2021 ◽  
Vol 117 (4) ◽  
pp. 36-47
Author(s):  
BORYSOV Yevhen
Keyword(s):  
Seventeenth Century ◽  
Scientific Research ◽  
Armed Forces ◽  
Legal Regulation ◽  
Empirical Generalization ◽  
Regulation Of Activity ◽  
History Of ◽  
New Research ◽  
Xix Century ◽  
Historical Thought

Background. The analysis of the evolution of the regulation of the navy cannot be carried out without considering the reflection of the relevant aspects in the naval historical thought. These scientific researches first of all have no legal orientation and have as their subject the content and nature of the activity of the navy, in particular in measuring its formation and development. At the same time, their generalization and evaluation in the legal dimension would be useful in the context of determining the relationship between historical thought and the development of naval law. An analysis of recent research and publications has shown that, despite aspects of the attention of legal historians to the issue of regulatory support of the armed forces, there is no relevant works on the evolution of the legal regulation of the navy. The aim of the article is to correlate global historical thought and legal support for the activities of the navy. To solve this goal, it is necessary to determine the development of relevant historical thought, to characterize its implementation in the works on naval doctrine and strategy, to assess the importance of relevant works for the development of naval law. Materials and methods. In the course of the research historical-legal, comparative, systemic, epistemological, hermeneutic, biographical methods were used. Results. The reflection of aspects of legal regulation of activity of naval forces in works of historians of fleet is investigated. The formation of the history of the navy from the seventeenth century in terms of special research and works on naval tactics and strategy is considered. It is proved that at the first stage these researches had the character of empirical generalization and provision of tactical activity of the sailing and then mechanized fleet, but from the end of the XIX century this experience was gained in the development of a maritime strategy. Conclusion. Historical studies of naval development first emerged at the appropriate scientific level as part of the development of naval tactics and strategies by French, British and American authors, whose works constitute an interconnected universal and universally recognized system of scientific research begun in the late seventeenth century. At the first stage, these studies were in the nature of empirical generalization and ensuring the tactical activities of the sailing and then mechanized fleet. But from the end of the XIX century this experience was gained in the development of a naval strategy, which gained universal character and indisputable authority for the naval forces of the most countries. In addition to use in works on naval tactics and strategy, the history of the navy from the eighteenth century reflected in biographical works, and in the twentieth century the most of the relevant historical works began to have the character of memoirs. Because the world-renowned fundamental works on naval strategy and tactics belong primarily to American and British authors, the domestic dimension of historical scientific research in this area is extremely limited. Thus, these issues require new research. Keywords: naval forces, history of navy, naval law, naval doctrine, naval strategy.

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