The doctrine of the revival of post-Soviet Turkmen statehood by Saparmurat Niyazov

2021 ◽  
pp. 118
Author(s):  
Gennady Nebratenko

The cultivation of traditionalism in law, based on universal human values and the history of jurisprudence, remains relevant in the post-Soviet space for almost three decades since the destruction of the unified state. At the same time, legal science does not recognize the primacy of the historical school of law, which was revived in the 90s XX century. together with other classical types of legal thinking, after the rejection of the centralism of the materialist theory that prevailed in Soviet jurisprudence. The reason for the attractiveness of traditionalism lies in the inclination towards it of many continental peoples, intensified by the visible consequences of leveling the experience of national legal development in North American and European law, positioning liberal trends, which are largely inappropriate for traditional states, to which Russia belongs, formed as a result of millennial evolution. Among complex nations that have a long experience in the development of statehood and the heterogeneity of the specifics of legal culture, the concepts that fix traditional values in the legal creation as a natural source of human rights, imperatively not connected with the law, which is rational and moral, but by its nature deafened and not necessarily reflects the historical mentality of the society. One example of such concepts aimed at reviving traditional statehood and preserving the integrity of society is the doctrine contained in the twovolume work of the Turkmen statesman Saparmurat Niyazov entitled “Rukhnama”, who tried to translate it into practice. Therefore, the object of the article is public relations associated with the revival of the Turkmen statehood through the formation in the period of a national human rights standard, harmonized with the interests of a traditional society. The subject of the article is a general description, the main content and applied significance of the concept of Saparmurat Niyazov, illustrating the possibility of forming a legal state taking into account traditionalism, as well as the importance of the corresponding doctrine for the development of the legal system of Turkmenistan. The concept of national revival of the republic, formulated by Saparmurat Niyazov, became the basis for the development of a social ideology that influenced the post-Soviet formation of republican legislation, is of scientific interest for other states experiencing the expansion of liberal tendencies in law, not excluding the Russian Federation. In conditions when the international universal security system is showing stagnation, sovereign states are turning to the toolkit of international regional and national means of ensuring security. Therefore, the revenge of traditionalism is predictable, illustrated by the example of Turkmenistan. Moreover, the Russian society, as well as the Turkmen one, shows an inclination towards it, and the construction of a welfare state, declared at the constitutional level, makes it possible to reflect this trend while improving legislation.

2003 ◽  
Vol 34 ◽  
pp. 1-56 ◽  
Author(s):  
John W. Boyer

My Subject Today is the Austrian Revolution of 1918 and its aftermath, a staple subject in the general history of the empire and the republic, but one that has not seen vigorous historiographical discussion for a number of years. In a recent review of new historiography on the French Revolution, Jeremy Popkin has argued that recent neoliberal and even neo-Jacobin scholarship about that momentous event has confirmed the position of the revolution in the “genealogy of modern liberalism and democracy.” The endless fascination engendered by the French Revolution is owing to its protean nature, one that assayed the possibilities of reconciling liberty and equality and one that still inspires those who would search for a “usable liberal past.”1 After all, it was not only a watershed of liberal ideas, if not always liberal institutions and civic practices, but it was also a testing ground for the possibility of giving practical meaning to new categories of human rights.


2017 ◽  
Vol 6 (1) ◽  
pp. 31-36
Author(s):  
Ilda Jeha ◽  
Ylli Cabiri

Abstract The history of Albanian Constitutions dates back in April 1914 with the Statute of Albania drafted by a National Committee of that time. The new Albanian Constitution was adopted by the Parliament 18 years ago and confirmed by a Referendum1, becoming the first democratic Constitution following political changes in Albania. After 1991, the stature of Albania changed significantly and the country managed to build new democratic institutions, advanced in establishing a market economy and ensuring human rights, and made important steps towards integration in Euro-Atlantic institutions. In this context, constitutional changes were normal, despite the overall misperception that the Constitution is a document that must not be amended. So, a provisional package of amendments was drafted to avoid obstacles along the way, and a new Constitution was adopted in 1998, later on amended in 2012 and 2016. Analysis of such amendments points out some problems. What should be the procedure for constitutional changes? Parliamentary vote or referendum? In this view, the 2012 constitutional changes - albeit hasty - did not affect the backbone of the document and could be introduced without a referendum, simply with a parliamentary adoption, as was the case. In contrast, the 2016 amendments were adopted unanimously, but they affected the backbone of the Constitution and therefore a referendum should have been called. Should the impact of such amendments be measured? This is another important issue that is not considered actually. But, in our opinion, monitoring any amendments by the Parliament or the President of the Republic is to the benefit of democratic developments and serves any further intentions for constitutional changes. We believe that the Constitution should clearly prescribe the procedure for constitutional changes to save them from becoming a pawn of momentary political interests.


2018 ◽  
Vol 5 (3) ◽  
pp. 67-74
Author(s):  
V.V. Sidorin

The system of the education is one of the fundamental social institute which is invoked providing not only the transfer of knowledge but also the continuity and the stability of the social development. After several decades of the constant reforming Russian system of the education haven’t been adapted to the new reality of the informational civilization, neither it has achieved the harmonization between that reality and traditional values of the Russian culture. There are some trends and mental attitudes which can be traced in the history of Russian philosophical thought and can be counterposed to above-mentioned negative tendencies. These trends have manifested itself in works of such different thinkers as V.V. Rozanov, S.I. Gessen and E.V. Il’enkov, who stay in a not numerous row of those Russian thinkers who paid special attention to philosophical-educational problems. This article is an attempt to outline the domestic tradition of philosophy of education which can withstand to instrumentalist and utilitarian trends of the modern education. It is demonstrated that despite some different philosophical premises above-mentioned thinkers articulated some comparable purposes of the education – ideas of “transformation of the natural man to the cultural person” (V.V. Rozanov), “the conversion of the life to the cultural existence” (S.I. Gessen), “the formation of the totally developed person” (E.V. Il’enkov). There will be an attempt to show that the Russian thinker’s philosophical-educational conceptions not only are of historical interest but also have the potential to be an important conceptual resource for the development of the contemporary Russian society.


Author(s):  
T. V. Cherkasova

Tatars – self-name «Tatars» – a community consisting of groups of Turkic and Finno-Ugric ethnic groups living in the territory and resettled. According to Tatar researchers, their ethnic community mastered this territory much earlier than the titular population. Most Tatars of Bashkortostan are Sunni Muslims. According to the official census of 2002, the Tatar population in Bashkortostan is 990,702 people, or 24.1%. Bashkortostan remains a multinational republic, the Tatar population makes its significant contribution and plays an important role in the socio-economic, political and spiritual spheres of society. Tatar youth living on this earth develops in a traditional multicultural environment, borrowing tolerant interethnicpatterns of behavior and preserving their cultural identity. The article provides an analysis of the life plans of Tatar students. Tatars play an important role in the social structure of the youth society of Bashkortostan. Traditional values of Tatar students are formed under the influence of a multinational environment. Tatar youth is an active subject of social reproduction and dynamic inter-ethnic relations. Analysis of life plans chosen by Tatar youth in a dynamically changing multicultural space (given the regional specifics) allows to plan mobility, innovative trends or control the deviant processes taking place in the youth society. The work presents the results of recent comprehensive studies (2019) conducted among students of the supporting university of RB, aimed at identifying the ethnic haracteristics and perception of Tatar students compared to Bashkir and Russian students. The results provided an opportunity to form perceptions of the self-identification of the national characteristics of regional Tatar youth; Identify common strategies for self-fulfillment of representatives of the socio-ethnic community in question; Analyze postgraduate plans in vital areas of activity; to compare the structure of values of Tatar, Russian, Bashkir youth in the face of modern challenges. The author draws conclusions about the tendency of Tatar students to preserve the traditional guidelines governing inter-ethnic relations in the Republic of Bashkortostan: the life attitudes of Tatar students are based on the national mentality, adequately reflect the features of intergenerational, intergender, inter-ethnic relations in Russian society. Tatar students are fulfilling their historical and cultural mission. Students of the oil university plan to get an appropriate education, work in the profession, open a business, create material well-being and wealth, take care of their health, parents, create their families with children and actively relax.


2016 ◽  
Vol 17 (1) ◽  
pp. 29-46
Author(s):  
Bogumil Szmulik ◽  
Andrzej Poglodek

Abstract: The article presents the institution of the constitutional complaint in the 1997 Constitution of the Republic of Poland. For the first time in the history of Polish constitutionalism the current supreme law made it possible for the citizens to directly appeal to the Constitutional Tribunal in order to protect their laws and liberties guaranteed by the supreme law. The article describes the origin of the institution of the constitutional complaint in Europe and in Poland. The main focus, though, is on the extended analysis of the scope and coverage of the constitutional complaint, together with the conditions set by the legislators that must be met for the complaint to be filed. The paper is concluded with the observations on the constitutional regulations and the practice of their applications in the work of the Constitutional Tribunal.Keywords: Constitutional Complaint. Constitutional Tribunal. Human Rights. Constitution Poland.


2019 ◽  
Vol 13 (2) ◽  
pp. 283-292
Author(s):  
Elena Alekseevna Kondrashkina

The article is devoted to the study of the legal solution of language problems in the Republic of Mari El since the Declaration of State Sovereignty of the Soviet Socialist Republic of Mari El 1990, and ending with modern acts that relate to the functioning of the Russian and Mari languages in the field of education and other fields. The author’s task is to analyze the legal documents adopted over the past years, since they reflect the language policy conducted in the republic and determine its direction. The laws of the Federal Center will also be involved into the comparison, since they set the vector of action to the republican authorities. The topic of language legislation is becoming particularly relevant in connection with the recent discussions in Russian society, creating a conflict situation whether studying the state national languages should be mandatory or voluntary.


2020 ◽  
pp. 36-45
Author(s):  
Svetlana V. Buraeva ◽  
◽  
Marina V. Ayusheeva ◽  

The article analyses materials from the general archival fond of the Center of Oriental Manuscripts and Xylographs (COMX) of the Institute for Mongolian, Buddhist, and Tibetan Studies of the Siberian Branch of the Russian Academy of Science, which were collected and prepared for printing by the well-known orientalist, G. N. Rumyantsev, leading figure in the science of Buryatia. 30 originals and certified copies on the history of the Khory Buryats of the 18–19th centuries are included in the file “The archival materials of the Khory taishas with certificates, diplomas, etc.” The article offers their source analysis and genre classification, as well as description of their paleographic features, handwriting, stamps, etc. Archival documents illustrate the dynamics of the state policy towards the Buryats over more than one hundred and fifty years: Buryats’ subordination to local governments, relationship between governing bodies, features of Buryat common law and court. Documents enable to follow the integration of the Buryat population into the Russian society. In the private archive of the scholar an unpublished manuscript of his book “The archives of the Khory taishas: Materials for the history of Buryat-Mongolian people: 1711-1850” have been found. It includes hand- and type-written texts with commentaries. It was not accidental that G. N. Rumyantsev prepared publication of archival documents on the history of the Buryat people. In 1960, in collaboration with S. B. Okun, he had published “Collected documents on history of Buryatia: The 18th century. Issue 1.” It is probable that he carried on with this work by identifying and interpreting sources from the COMX and the State Archive of the Republic of Buryatia. The publication of sources still remains an important task, even if there are now many works on the history of the Buryats that analyze different sides of their social development and culture. The structure and composition of the Buryat government and administration remain unclear, and answers to these questions may be found in these archival documents.


2019 ◽  
Vol 75 (4) ◽  
pp. 13-23
Author(s):  
М. А. Sambor

The right to freedom of peaceful assembly is marked by the multifaceted nature of this right for society, the state, groups of individuals and individuals. The right to freedom of peaceful assembly is a manifestation of human nature in communication with other people, society and the state. The unconditional right to freedom of peaceful assembly has a rich history of its formation and development. However, without historical origins it is impossible to form an objective and necessary for the modern man to understand the content of the right to freedom of peaceful assembly. Based on the above, the purpose of this article is to investigate the sources of the right to freedom of peaceful assembly. For the first time in modern domestic science the sources of the right to freedom of peaceful assembly have been explored. In order to understand and form the legal basis and mechanism (algorithm) for exercising the right to freedom of peaceful assembly, it is important to understand the origins of this right and to substantially fill the right to freedom of peaceful assembly. Sources of the right to freedom of peaceful assembly in their retrospective dimension allow us to approach the understanding of the right to freedom of peaceful assembly, taking into account the historical peculiarities of the understanding of this right, conditioned by the historical stages of the development of humanity, statehood and legal ideas about human rights in general and the right to freedom of peaceful assembly in particular. Sources of law are not only formalized and materialized rules of law, but also the engine, the driving force in the identification, formulation and only in the further implementation of the rule of law in a certain materialized regulatory document. This aspect of the sources of law cannot be neglected, since in this case the sources of law, including the sources of the right to freedom of peaceful assembly, are significantly depleted, and a number of links in the chain of law are lost. Therefore, the nature of the origin of the right to freedom of peaceful assembly, which is identified with human nature, is important for the study of the sources of the right to peaceful assembly, and therefore the right to freedom of peaceful assembly is a natural human right that determines its social activity and role in society. In this regard, interest is defined as a natural legal source of the right to freedom of peaceful assembly. Interest is realized in the form of the right to freedom of peaceful assembly, so it reveals the meaning of this right. The source of the right to freedom of peaceful assembly is an integral part of the sources of law as a whole, and therefore the study of the former is inseparable from an understanding of the sources of law. Common formal (material) sources of law are regulations, customs, legal treaties, legal precedents, and legal doctrines, so within the scope of this article, we carefully examine these sources of the right to freedom of peaceful assembly. The natural-law component of the right to freedom of peaceful assembly emphasizes the direct dependence of the existence and enjoyment of the right on human rights and its interest in the exercise of this right, so we are convinced that the said source of the right to freedom of peaceful assembly is likely to be on the frontier of the study of legal and other social sciences. Formal legal sources of the right to freedom of peaceful assembly, in their turn, are generally in the sphere of sources of law, with those peculiarities that dictate an understanding of the content and peculiarities of the exercise and realization of the right to freedom of peaceful assembly. By far, the most widespread source of the right to freedom of peaceful assembly and with didactic features of knowing this right in the system of Ukrainian law is a legal act. The Constitution of Ukraine belongs to this type of sources of the right to freedom of peaceful assembly (as its special norms intended to regulate public relations in the exercise of the right to freedom of peaceful assembly in Ukrainian society, as well as general rules that ensure the ordering of relations and the formation of legal space for the implementation of the said rights), the Civil Code of Ukraine, the Code of Administrative Judiciary of Ukraine, as well as other procedural normative legal acts, which, although they do not contain any special rules, are directed to regulate relations precisely with the exercise of the right to freedom of peaceful assembly, but in their general form provide the opportunity to regulate a number of aspects of the exercise of the right to freedom of peaceful assembly. Another, possibly key, source of the right to freedom of peaceful assembly is a legal treaty, in particular an international legal treaty. It is in such treaties that the world community, humanity, has recognized the right of each person to the right to freedom of peaceful assembly, to freedom of exercise and to the exclusivity of grounds for restricting the exercise of the right to freedom of peaceful assembly. Unfortunately, legal precedent in Ukraine only becomes meaningful, and as a source of the right to freedom of peaceful assembly it is characterized, in some places, by contradictory content.


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