SOME CHARACTERISTICS OF CONTEMPORARY POLITICAL AND LEGAL DISCOURSE OF ETHNIC AND NATIONAL CONFLICTS IN RUSSIA

2020 ◽  
Vol 10 (4) ◽  
pp. 53-64
Author(s):  
ANDREY KURIUKIN ◽  
Keyword(s):  
Modern Science ◽  
Legal Discourse ◽  
Legal Regulation ◽  
Ethnic Relations ◽  
Soviet Society ◽  
The Russian Federation ◽  
The Russian Empire ◽  
New Research ◽  
The 19Th Century ◽  
Developing System

The issue of ethnic relations and the conflicts generated by them is acutely relevant. Many branches and directions of modern science study it. Political science and jurisprudence are in the foreground of the modern study of ethno-national conflictology. Over a long period of research, they have developed several influential approaches that have become widespread. The growing complexity of the surrounding political and legal reality, the escalation of conflict in society, including ethno-national, require the search and application of new research paradigms. One of these is the analysis of political and legal discourse, which consists in studying the ways of how legal meanings, ideas, opinions and preferences, which are carried by legislators, are technically and meaningfully embodied in the texts of normative acts, subsequently forming a specific political and legal reality. Analyzing the domestic ethno-conflictological political and legal discourse, the author concludes that in the era of the Russian Empire, the legalization of ethno-national relations had little attention from legislators, the documents adopted in the 19th century carried widespread ideas of the legislative theory and existed unchanged until 1917. The basic paradigm of the Soviet political and legal regulation of ethno-national relations was the ideological dogmas of the theorists of Marxism-Leninism, within which, in Soviet society, such a phenomenon as an ethno-national conflict was denied, but, in fact, existed. At the present stage, after the acute events of the second half of the 1980s - 1990s, a serious system of political and legal regulation of ethno-national relations was developed. It bore fruit. Today, the domestic political and legal regulation of ethno-national relations has the character of a developing system designed to adequately respond to changes. The article can be used to improve the state social and legal policy of the Russian Federation. Also, the materials presented can provide the interest of students, graduate students, teachers, researchers and other people who are interested in the current social, political and legal development of Russia.

Gendarme railway police: experience of mass transportation in the territory of the Kursk Governorate (1896–1914)

2020 ◽  
pp. 110-119
Author(s):  
Nikolai N. Petrykin
Keyword(s):  
Police Department ◽  
Legal Regulation ◽  
Police Departments ◽  
Railway Transportation ◽  
History Of ◽  
Moral Condition ◽  
The Russian Federation ◽  
The Russian Empire ◽  
First Time

We contribute to the discussion of the results of a significant resettlement policy, the role of the gendarme railway police in its implementation and the role of the gendarme structure in the history of the Russian Empire. For the first time, we make an attempt to disclose the mechanism of the gendarme railway police in implementing the state’s resettlement policy in the area of migration flows on the materials of the Kursk Governorate, taking into account the existing rail-way network and the structure of the gendarme police departments. Based on the materials of the State Archive of the Russian Federation and local archives, the issues of legal regulation of mass railway transportation by the gendarme railway police are considered. An analysis of the gen-darme’s paperwork based on the materials of the Kursk branch of the gendarme police department of the Moscow-Kursk railway is given, aspects of interaction with the railway administration, local authorities, and the general police are highlighted. We trace the change and expansion of the duties of the railway gendarmes in connection with changes in the resettlement policy during the period under review and highlight the main stages. Particular attention is paid to issues of public safety in the context of criminalization on the railways. We show the role of the gendarme railway police in ensuring the sanitary and epidemiological welfare of passengers, taking into account the situation in the Kursk Governorate. Particular attention is paid to the influence of resettlement processes on the internal organizational, personnel aspects of the activities of the railway police, the dependence of the employee’s spiritual and moral condition on personal choice. We draw conclusions on the significance, scale, diversity of the gendarme railway police activities during the implementation of the resettlement policy.

scholarly journals Ensuring road safety: the main stages of institutionalization in Russia

2021 ◽  
Vol 2021 (2) ◽  
pp. 41-49
Author(s):  
Anatoly Kvitchuk
Keyword(s):  
Road Safety ◽  
New Technologies ◽  
Legal Regulation ◽  
Soviet Society ◽  
Soviet Republic ◽  
The Road ◽  
Traffic Regulation ◽  
Concrete Form ◽  
General Order ◽  
The Russian Empire

The article is devoted to the historical and legal study of the development and formation of the road safety system, the regularity of its development, legal regulation, especially during the period of motorization of the Russian Empire, and then the Soviet Republic, when the legislator set the tasks of ensuring road safety in a concrete form. Their consolidation in normative legal acts was of a casual nature, for example: avoid riding horses and bicycles on sidewalks; observe that painters with tubs, buckets and other accessories, hand carts and sleds, do not walk on the sidewalks, but follow the roads, obeying the general order of traffic on the street; not allowed to play balls, and similar games in the street in front of the houses, to fly kites, to wear uncovered mirrors so as not to frighten horses, to clutter the sidewalks with barrels, tar boxes, and firewood, and to prevent peddlers and merchants from blocking the free passage on the bridge and the passage on the sidewalk with their trays. The international experience of traffic regulation was used. Special attention was paid to the training of the driver’s staff. The propaganda of road safety of the Soviet society was widely introduced in all spheres of life, and then became part of the ideological education of the Soviet person. New «Traffic rules on the streets of cities, settlements and roads of the USSR» were approved. The State Traffic Inspectorate was reformed and new technologies were introduced into its activities, control and supervision of traffic was improved with the use of technical means and innovative technologies, which certainly affected a significant reduction in accidents in Russia.

scholarly journals State-legal regulation of educational activity of Old Believers of the Perm province in the XIX — early XX century

2021 ◽  
pp. 149-161
Author(s):  
E. V. Shishkina ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Educational Activity ◽  
Educational Institutions ◽  
Home Education ◽  
Old Believers ◽  
The Government ◽  
The Russian Empire ◽  
State Educational ◽  
The 19Th Century

The article analyzes the measures of the state-confessional policy of the Russian Empire in relation to the education of children of Old Believers in the 19th — early 20th centuries and their implementation in the Perm province. It is concluded that the religious policy of the state in relation to the education of the children of Old Believers was inconsistent and underwent all the fluctuations of the government course: from discriminatory measures in the second quarter of the 19th century until the softening of the policy of the authorities in the second half of the century. The conclusion is made about the ineffectiveness of prohibitive measures of the state in relation to teachers and schools of Old Believers, about a certain discrepancy in legislation and its application in the Perm province. The article provides data on the number of Old Believers’ students in various schools of the Perm province at the beginning of the 20th century, which indicates that only a small number of Old Believers preferred education in state educational institutions to traditional home education.

THE THEORIES OF THE OBLIGATION OF A REPRESENTATIVE WITHOUT AUTHORITY TO A THIRD PARTY: THE EXPERIENCE OF GERMAN CIVIL LAW AND ITS USE IN RUSSIA

2021 ◽  
Vol 21 (2) ◽  
pp. 199-216
Author(s):  
Yu.V. BAYGUSHEVA
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Third Party ◽  
Tort Liability ◽  
Legal Nature ◽  
Heated Debate ◽  
The Russian Federation ◽  
The 19Th Century

The purpose of the study is to determine the basis of the occurrence and the legal nature of the obligation of a representative without authority in case of refusal to approve the contract conducted by him. To achieve this purpose, the author turns to the history of para. 1 p. 1 and p. 3 of Art. 183 of the Civil Code of the Russian Federation and identifies the theoretical model that underlies these prescriptions. The legal regulation of the obligation of the representative was borrowed by the domestic legislator from the draft and the final text of the German BGB. The prescriptions for this undertaking were formed as a result of a heated debate that unfolded in the second half of the 19th century among German civil law experts. They developed the basic theories of an obligation of a representative without authority: a theory of tort liability, a theory of obligation from a guarantee agreement, a theory of pre-contractual liability and a theory of obligation to protect trust. The last theory turned out to be the most viable and was enshrined in the final version of § 179 BGB, and therefore in the paragraphs of Art. 183 of the Civil Code of the Russian Federation. The essence of this theory is that if a representative without authority concludes a contract on behalf of the principal who then refuses to approve, then a representative has an obligation to compensate a third party (counterparty) for property damage; this obligation follows from the prescription of the law and the trust of a third party in the existence of authority that the representative shows, regardless of the representative’s fault. The obligation of the representative without authority is not a tort liability or obligation from the guarantee agreement; this obligation is precontractual in nature, however, it cannot be considered as liability for unfair negotiation, as it arises without the fault of the representative. The theory of obligation to protect trust has not been well covered in Russian literature. The few domestic authors who answer the question about the basis of the occurrence and the legal nature of the obligation of a representative are supporters of the theory of tort liability, the theory of obligation from a guarantee agreement or the theory of pre-contractual liability.

scholarly journals Problems of Legal Regulation of Diagnostics and Editing of the Human Genome in the Russian Federation

Lex Russica ◽  
2019 ◽  
pp. 71-79
Author(s):  
S. A. Vasiliev ◽  
A. M. Osavelyuk ◽  
A. V. Burtsev ◽  
G. N. Suvorov ◽  
S. Kh. Sarmanaev ◽  
...  
Keyword(s):  
Human Genome ◽  
Human Body ◽  
Ethical Issues ◽  
Modern Science ◽  
Legal Framework ◽  
Legal Regulation ◽  
Cost Of Treatment ◽  
Factors Affecting ◽  
The Russian Federation ◽  
The Cost

Modern science has achieved very significant results in different areas. For ordinary people, it is gratifying that such achievements help to treat complex diseases, and the technologies themselves now reduce the cost of treatment unlike the most other factors affecting the medicine. One of these areas of scientific knowledge is genetic engineering that can change only separate parts of the human body or influence the transformation of the human body in general. This raises ethical issues that provoke a large number of disputes in the society. To overcome them, there is a need for a clear conceptual understanding of the problems associated with the diagnosis and editing of the human genome, on the basis of which an effective normative legal framework that will satisfy the interests of all participants of these legal relations should be developed.

scholarly journals The Theoretical and Legal Nature of Statutory Regulation in Transcaucasia in the Early XIX Century

2020 ◽  
Vol 10 ◽  
pp. 57-60
Author(s):  
Natig M. ogly Salamov ◽  
Keyword(s):  
19Th Century ◽  
Social Relations ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Analysis ◽  
Legal Nature ◽  
The Russian Empire ◽  
Xix Century ◽  
The 19Th Century ◽  
Statutory Regulation

The author’s intention is to study the theoretical and legal essence of normative legal acts in force in Transcaucasia at the beginning of the 19th century. Through the provisions of legal acts and plots of historical and legal history, an attempt is made to explication and theoretical and legal analysis of the regulatory legal regulation of social relations and its ideological paradigms. The theoretical and legal basis of the analysis was the work of legal theorists. The regulatory framework of the study was constituted by the regulatory legal acts of the Russian Empire at the beginning of the 19th century. The methodological basis of the study was the general dialectical method of scientific knowledge, methods of empirical and theoretical nature (description, formalization, comparison, analysis, generalization, deduction and induction, hypothesis). Based on the analysis of the content of historical legal acts, it can be concluded that the doctrine of regulatory regulation was determined by the priority of state interests, which contributed to the development of public law branches of law. Legal regulation was carried out by local bylaws containing, as intended, regulatory and protective standards. The constituent legal precepts found themselves in the fundamental acts that legally formalized the most important institut ions of society. Power regulations in the form of expression as a whole were binding, and by the method of legal regulation were imperative.

scholarly journals Review of the monograph by O.V. Vasilyeva “Ethnicity and Society in the Republic of Sakha (Yakutia): Sociological Analysis” (Yakutsk, 2020)

2021 ◽  
Vol 6 (1) ◽  
pp. 177-182
Author(s):  
Gulnara F. Gabdrakhmanova ◽  
Keyword(s):  
Social Aspects ◽  
Sociological Analysis ◽  
Political Organizations ◽  
Soviet Republic ◽  
The Social ◽  
The Russian Federation ◽  
The Republic ◽  
The Russian Empire ◽  
New Research ◽  
Original Approach

The article is devoted to the analysis of a new book – a monograph by O.V. Vasilyeva “Ethnicity and Society in the Republic of Sakha (Yakutia): Sociological Analysis”, published in 2020 in Yakutsk. Its advantage is a new original approach to studying the process of constructing ethnicity in the context of the development of capitalist relations and modern global economic flows. The reviewer gives some parallels in the social development of the Yakuts and Tatars at different historical stages. This is the emergence of the bourgeoisie and political organizations at the beginning of the 20th century, specific labeling under the influence of the Soviet Republic constitutional acts and post-Soviet census campaigns, the “acquisition of republics” in the conditions of the Soviet practice of national zoning of territories, etc. All such facts highlight how much the peoples of the Turkic world of the Russian Empire, the USSR, and the Russian Federation had in common. The monograph by O.V. Vasilyeva encourages new research in the field of social aspects of the the Turkic world ethnicity functioning.

scholarly journals Ethnological-legal and technical-legal aspects of intercultural communication in Russia of the Imperial period: the experience of theoretical and methodological structuring on the example of the formation of the institutions of lamaism among the Volga kalmyks of the second half of the 19th century. Part 1

2021 ◽  
Vol 4 ◽  
pp. 3-10
Author(s):  
I. A. Arzumanov ◽  
Keyword(s):  
Intercultural Communication ◽  
19Th Century ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Russian Empire ◽  
The State ◽  
Customary Law ◽  
Legal Communication ◽  
The Russian Empire ◽  
The 19Th Century

Federation On the example of the formation of the institutions of Lamaism among the Volga Kalmyks II. floor. XIX century. the historical-legal and socio-cultural aspects of intercultural communication in Russia are considered. The methodological correlation of the processes of intercultural communication in the context of the polyphonic nature of the legal culture of the Russian Empire is analyzed. The universalism of the sociological (integral) discourse of jurisprudence determines not only the civilizational specifics of legal communications as one of the forms of intercultural communication, but also the methodological body of research based on the cultural-anthropological approach and ethnological-legal conditioning. The interdisciplinary nature of the study is due to the specificity of the ethno-confessional specifics of the processes under consideration and involves an appeal to theoretical and legal, state, socio-cultural, and religious discourses. Based on the analysis of the provisions of the primary sources of normative legal acts concerning the state and legal regulation of the ethno-confessional sphere among the Volga Kalmyks and in the Russian Empire as a whole in the first half of the 19th century, a comparative analysis of the processes of consolidating the institution of the majour in the Volga Kalmyks and Buryat clans of the East Siberian region is carried out. An example of cultural and legal communication between such subjects as the state and ethno-confessional communities are the results of the analysis of archival documents, for the first time introduced into scientific circulation, concerning the activities of the imperial administration in the sphere of systematizing the norms of customary law of the Volga Kalmyks and streamlining the processes of forming regional institutions of Lamaism. Some aspects of the socio-cultural determinants of the processes of increasing the number of Lamaist clergy among the Volga Kalmyks and the problems of its legal regulation are considered. Conclusions are made about the intercivilizational nature of legal communication, implicitly aimed at assimilating the customary legal system of Kalmyks in order to include them in the general system of legalizations of the empire.

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