Ideological and Historical Prerequisites for the Establishment of the Soviet State-Legal System, Its Essence and Principles

2020 ◽  
pp. 112-116
Author(s):  
I. D. Changli
Keyword(s):  
Legal System ◽  
The State ◽  
Soviet State ◽  
Legal Construction

The article examines the main theoretical and ideological provisions of Marxism-Leninism about the state and law, the historical prerequisites for the emergence of the Soviet state in 1917 and the factors that determined specific forms of state and legal construction in the first years of the existence of the Soviet state.

History of the State and Law of Russia. Volume 3

2021 ◽  
Author(s):  
Aleksandr Smykalin ◽  
Tat'yana Bazhenova ◽  
Natal'ya Zipunnikova ◽  
Vladimir Motrevich ◽  
Elena Sokolova ◽  
...  
Keyword(s):  
Legal System ◽  
The State ◽  
Chronological Order ◽  
Soviet State ◽  
The Third ◽  
History Of ◽  
Further Development

The third part of the anthology contains materials reflecting the periods of formation of a limited monarchy in Russia and the further development of the legal system; the formation and development of the Soviet state and law in the XX century. The documents are arranged in chronological order.

The judicial system at the stage of the formation of the Soviet state as the most important element of the state legal system: the activities of the revolutionary tribunals

2022 ◽  
pp. 115-121
Author(s):  
I. D. Changli
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Judicial System ◽  
Soviet State ◽  
Early Stages ◽  
Further Development

This article examines the main historical, ideological, social and other factors that determined the emergence of the judicial system of the Soviet state (RSFSR) during its formation in 1917-1922, as well as the main patterns of its further development, features of legal regulation of the activities of courts and extraordinary judicial bodies, as well as the views of Soviet jurists on the essence and importance of courts in building socialism in the early stages of its development.

scholarly journals From Extraordinary Law to “Revolutionary Legality”: Formation of the Concept of Revolutionary Law in the Soviet Legal Doctrine

2020 ◽  
pp. 007-016
Author(s):  
V. V. Nikulin ◽  
Keyword(s):  
Legal System ◽  
The State ◽  
The Political ◽  
Legal Institutions ◽  
Legal Doctrine ◽  
Special System ◽  
Legal Construction

The main provisions of the concept of “revolutionary legality” in the Soviet legal doctrine are analyzed; theoretical and practical aspects of its formation, factors that influenced its content are considered. It is argued that the defining function of the concept of “revolutionary legality” is the function of achieving the political goals of the state by legal means. It is concluded that the concept of “revolutionary legality” was a special system of law, adapted to the ideological tasks of socialist construction. It embodied the gap between formal law and the actual functioning of Soviet legal institutions, which constantly existed in the Soviet legal system. It is concluded that the concept of “revolutionary legality” was not a complete condemnatory legal construction, but a modification of the previously existing one-sided orientation of law to a political doctrine, which made it possible to interpret “revolutionary legality” in a variety of ways in practical legal activity, giving and strengthening certain aspects necessary for solving ideological and practical problems.

KONSTITUSI EKONOMI SYARIAH DI INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi
Keyword(s):  
Economic System ◽  
Legal System ◽  
The State ◽  
Economic Life ◽  
Legal Concept ◽  
Economic Law ◽  
National Economic ◽  
Economic Ideology

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.

EDUCATING YOUNG PEOPLE IN PRESERVING THE MEMORY OF THE SECOND WORLD WAR

2020 ◽  
Vol 4 (3) ◽  
pp. 83-88
Author(s):  
Davlatbek Qudratov ◽  
Keyword(s):  
Young People ◽  
Second World War ◽  
The State ◽  
World War ◽  
Educational Activities ◽  
Soviet State ◽  
Military Mobilization ◽  
Second World

The article analyzes the state of schools and education in General during the Second World war. The slogan "Everything for the front, everything for victory!" defined the goal not only of all military mobilization activities of the Soviet state, but also became the center of all organizational, ideological, cultural and educational activities of the party and state bodies of Uzbekistan.

scholarly journals Muslim Personal Laws and the Accommodation of Minorities: The Need to Better Balance Individual Rights and Group Autonomy in Singapore

2019 ◽  
Vol 20 (7) ◽  
pp. 1079-1095
Author(s):  
Noor Aisha Abdul Rahman
Keyword(s):  
Legal System ◽  
Well Being ◽  
The State ◽  
Political Issues ◽  
Minority Community ◽  
Muslim Minority ◽  
The Right ◽  
Personal Law ◽  
Muslim Minorities ◽  
Direct Incorporation

AbstractThe accommodation of religious personal law systems is an issue that has arisen in many countries with significant Muslim minorities. The types of accommodations can range from direct incorporation into the state legal system to mere recognition of religious tribunals as private organs. Different forms of accommodation raise different types of legal, social, and political issues. Focusing on the case of Singapore, I examine one form of accommodation which entails the direct incorporation of this law regulating marriage, divorce, and inheritance for Muslims into the state system. Administered by the Administration of the Muslim Law Act, 1966, the Muslim law binds Muslims unless they abjure Islam. The resulting pluralistic legal system is deemed necessary to realize the aspirations of and give respect to the Muslim minority community, the majority of whom are constitutionally acknowledged as indigenous to the country. This Article examines the ramifications of this arrangement on the rights and well-being of members of this community in the context of change. It argues that, while giving autonomy to the community to determine its personal law and advancing group accommodation, the arrangement denies individuals the right to their choice of law, a problem exacerbated by traditionalism and the lack of democratic process in this domain. Consequently, the Muslim law pales in comparison to the civil law for non-Muslims. The rise of religious resurgence since the 1970s has but compounded the problem. How the system can accommodate the Muslim personal law without compromising the rights of individual Muslims is also discussed.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

Soviet Specialist Baiting: The Case of N. A. Dobrosmyslov

2011 ◽  
Vol 38 (1) ◽  
pp. 5-22
Author(s):  
Keyword(s):  
Professional Competence ◽  
The State ◽  
Archival Research ◽  
High Salary ◽  
Soviet State ◽  
State Apparatus ◽  
Long Time ◽  
The Government ◽  
Continued Employment ◽  
The Revolution

AbstractFor many communists working in the Soviet state apparatus during the 1920s, the state's continued employment of so-called “bourgeois specialists” (spetsy) was an ideological affront and an obstacle to proletarian advancement. In their eyes, until the spetsy were removed and workers staffed the institutions of the state, the revolution would be neither secure nor its promises fulfilled. Based on archival research, this article traces rank-and-file communists' attempts to remove one such specialist, N. A. Dobrosmyslov, from his position in the Tax Department (Gosnalog) of the People's Commissariat of Finances (Narkomfin). Dobrosmyslov had been a long-time official in the tsarist tax bureaucracy and had also worked for the Provisional Government in 1917. Communist opposition to him took the form of a denunciation campaign that focused on his alleged anti-Sovietism, his professional competence, his arrogant manner, his high salary, and his attempt to obtain a large pension from the government. The documents related to the case reveal the atmosphere of suspicion and often open hostility that surrounded the spetsy. They provide evidence of the contrasting evaluations of the spetsy made by leading communist administrators and by the lower-level communists who worked closely with them. They also show how important the issue of material compensation was for this latter group. Finally, the case provides an example of how biography could be interpreted and manipulated to serve particular ends, especially in the context of political and personal denunciation.

SEARCHING FOR LEGAL GROUNDS FOR ENTREPRENEURS’ COMPENSATION CLAIMS FOR DAMAGES CAUSED BY RESTRICTIONS ON BUSINESS ACTIVITY IN ORDER TO COMBAT COVID-19 – PART II

2021 ◽  
Vol 1 (XXI) ◽  
pp. 155-172
Author(s):  
Wojciech Papis
Keyword(s):  
Legal System ◽  
Civil Law ◽  
The State ◽  
Business Activity ◽  
Public Authorities ◽  
Compensation Claims ◽  
Legal Grounds

In the second part of the article, the author discusses the procedure for recognizing normative acts as unconstitutional - which is the basis for claiming compensation from the state treasury for damages caused by the application of these unconstitutional normative acts and regulations based on the provisions of substantive civil law. When analyzing the content of the regulations regarding the COVID-19 epidemic, the author reviews the regulations that raise doubts in the doctrine as to their constitutionality. He also notes the inconsistency of these provisions with the legal system. Finally, the problem of possible compensation of the state treasury for damages caused by the legal activities of public authorities is discussed

scholarly journals THE AMENDMENTS OF THE CONSTITUTION OF 1945: ITS IMPACT ON INDONESIAN LEGAL SYSTEM

2008 ◽  
Vol 38 (1) ◽  
pp. 101
Author(s):  
Budi Darmono
Keyword(s):  
Legal System ◽  
The State ◽  
The Government

AbstrakThe Constitution of 1945 was not amended for 54 years. Some people evenregarded it as 'sacred' constitution because it was 'untouchable '. Somepeople said that it was not amended because it was advantageous for therulers. This Constitution was, in fact, concise. It consisted of three parts. Thefirst is Pembukaan or Preamble. The Preamble contained, and still containsthe Pancasila, the state 's fundamental norms. The second part is the BatangTubuh or Body. This consisted of only 37 articles of primary provisions, 4articles of transitional provisions, and 2 articles of additional provisions.The third part was the Penjelasan or Elucidation (explanatorymemorandum). According to point IV of the Elucidation, the reason for theConstitution's conciseness was to avoid rigidity. The Elucidation describedsociety as dynamic and volatile, especially in time of revolution. Therefore, ifdetailed matters were stipulated in the Constitution, the state might not havebeen able to keep up with the changes in society. Furthermore, point IV ofElucidation stated that despite the Constitution is concise, the most importantthing in running the government is the semangat or spirit of those who runthe government.

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