Historical and Legal Research of the Bases of Organization and Functioning of Judicial Authority in Crimea in the Composition of the Russian Empire (late XVIII – Beginning of XX Centuries)

2021 ◽  
Vol 3 ◽  
pp. 56-62
Author(s):  
M. S. Kiyan ◽  
◽  
T. V. Khutko
Keyword(s):  
Russian Federation ◽  
Russian Empire ◽  
The State ◽  
Judicial System ◽  
Judicial Reform ◽  
The Crimea ◽  
The Russian Federation ◽  
The Republic ◽  
The Russian Empire ◽  
High Level

In the Russian Federation, one of the priority vectors of the development of the state is to improve the quality of justice, the guarantee of which is the effective judicial system. For the most optimal mode of functioning of the judicial system, an understanding of the main trends in its development is necessary, which requires a high level of generalization and scientific potentiation of the foundations of the organization and functioning of the judiciary, and is possible only if all previous stages of its development are analyzed. The main objective of the study: 1) determine the features of the development of the judicial policy of the Russian Empire in the regions, in particular in the Crimea; 2) to trace the evolution of the judicial system in the Crimea during its stay in the Russian Empire. When writing the work, methods of scientific research were used: dialectical, historical-legal, formal-legal, systemic, comparative-legal, historical periodization, diachronous, institutional-legal. The main results and conclusions of the study can be defined as: 1) judicial reform was a priority in the state legal policy of the Russian Empire at the end of the XVIII – early XX centuries; 2) the author's periodization of the reform of the judicial system in the Crimea. Such a consistent consideration of the organization and functioning of the judiciary allows for its comprehensive study as a historical phenomenon with its own genesis of organization and activity The article is of high scientific value, since it is the first generalizing study in the historical and legal literature devoted to the problems of the formation, development and modernization of the judiciary in Crimea as part of the Russian Empire (1783–1917), in which it was first used that were not previously included in the scientific circulation Sources of the State Archive of the Republic of Crimea of the Russian Federation.

A New Step in the Study of the History of the Russian Prosecutor’s Office

2019 ◽  
pp. 94-98
Keyword(s):  
Russian Federation ◽  
Russian Empire ◽  
Practical Significance ◽  
History Of ◽  
The Russian Federation ◽  
The Russian Empire ◽  
High Level ◽  
The University

The paper is a review on the textbook by A. V. Yeremin, «The History of the National Prosecutor’s office» and the anthology «The Prosecutor’s Office of the Russian Empire in the Documents of 1722–1917» (authors: V. V. Lavrov, A. V. Eremin, edited by N. M. Ivanov) published at the St. Petersburg Law Institute (branch) of the University of the Prosecutor’s office of the Russian Federation in 2018. The reviewers emphasize the high relevance and high level of research, their theoretical and practical significance. The textbook and the anthology will help the students increase their legal awareness, expand their horizons.

scholarly journals Methodology of Chrono-Discrete Mono-Geography Comparative Law in the Study of Judicial Reforms in the Russian Empire and the Russian Federation

2018 ◽  
Vol 5 (4) ◽  
pp. 45-50
Author(s):  
V M Bolshakova
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
Russian Empire ◽  
Scientific School ◽  
Judicial Reform ◽  
Basic Principles ◽  
The Public ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Structure And Activity

The article proves the expediency of applying the methodology of chrono-discrete mono-geography comparative jurisprudence when studying judicial transformations in the Russian Empire and the Russian Federation. The author proves that the judicial reforms of Emperor Alexander II and the judicial transformations late XX - early XXI century in their totality represent a chrono-discrete phenomenon. Examines the basic principles of the scientific school of chrono-discrete mono-geography comparative jurisprudence as applied to the study of Russian judicial reforms in the Russian Empire and the Russian Federation. In the paper it notes that the judicial transformation as a phenomenon include items such as 1) conceptual framework, ideas of reform; 2) judicial institutions; 3) theoretical and practical problems of implementation; 4) results; compliance, what happened, what was intended by the reformers; 5) attitude of the legal community and the public to reform on the whole and its separate institutions. The essential core of any judicial reform are newly constructed or transformed its institutions. Speaking of chrono-discrete judicial institutions, the author proposes to divide them into classical and non-classical. The first is the Institute of magistrate’s court, the juries and the Institute of bailiffs and institute of appeal. To non-classical chrono-discrete institutions include prosecutors and the legal profession. As the main comparable problems, characteristic for the studied periods, the author sees 1) the reforms “from above”; 2) the issue of financial support for reforms; 3) personnel problems; 4) problem of implementation of judicial reforms in space and time; 5) constant and numerous adjustment of normative legal acts, regulating the structure and activity of the relevant judicial institutions.

scholarly journals Obedience to the law – more than bondage: Grand Duchy of Finland in Confrontation with the Russian Empire

2021 ◽  
pp. 421-427
Author(s):  
С.А. Экштут
Keyword(s):  
Russian Federation ◽  
Russian Empire ◽  
The State ◽  
Foreign Affairs ◽  
National Archives ◽  
The Russian Federation ◽  
State Archives ◽  
The Russian Empire ◽  
First Time ◽  
Grand Duchy

Рецензия на сборник документов «Россия и независимость Финляндии: 1899–1920 гг.» (М.: «Политическая энциклопедия», 2021). В трех томах опубликовано 1358 документов (более 42% предстают перед читателем впервые) из ГА РФ, РГИА, РГАСПИ, РГАЭ, РГАВМФ, РГВА, из архивов МИДа ‒ АВПРИ и АВП РФ, Архива Президента Российской Федерации и Национального архива Финляндии. The article presents f review of the collection of documents "Russia and the independence of Finland: 1899-1920." (Moscow: "Political Encyclopedia", 2021). In three volumes, 1358 documents were published (more than 42% appear before the reader for the first time) from the State Archives of the Russian Federation, RGIA, RGASPI, RGAE, RGAVMF, RGVA, from the archives of the Ministry of Foreign Affairs - AVPRI and AVP RF, Archive of the President of the Russian Federation and the National Archives of Finland.

scholarly journals Zarudny Sergiy Ivanovych (1821-1887) - Ukrainian and Russian lawyer, statesman of the Russian Empire

10.33287/1194 ◽  
2019 ◽  
pp. 36-49
Author(s):  
І. С. Міронова
Keyword(s):  
Scientific Work ◽  
Russian Empire ◽  
The State ◽  
Judicial System ◽  
Judicial Reform ◽  
Way Of Life ◽  
Legal Proceedings ◽  
Democratic Principles ◽  
The Russian Empire ◽  
Xix Century

The article is devoted to the way of life of a famous statesman of the Russian Empire, a Ukrainian of descent, a lawyer, one of the main founders of the court reform and a leader of peasant reforms of the second half of the XIX century, an interpreter, secret counselor Serhiy Ivanovych Zarudnyy. His origin, pedigree, civil service in the Ministry of Justice, in the State Chancellery, in the State Council, as a senator was studied. Attention was paid to his work in the commissions for the preparation of judicial reform, the development of the «Basic Provisions for the Transformation of the Judiciary in Russia» and the Judicial Statutes, which were approved in 1864. His role was proved in the creation of the world justice system, in the introduction of jury and the institute of attorneys in the Russian judicial system, in approving the principles of publicity, immediacy, and adversarial proceedings. Considerable attention is focused on the role of the statesman in the development of reform projects on the elimination of serfdom 1861. A special place is dedicated to the scientific work of S. Zarudnyy, in particular to his monographs, articles, a collection of materials on judicial reform entitled «The Case Зарудний of the Transformation of the Judiciary in Russia», organized in 74 volumes. It was noted that for his juridical and scientific work, contemporaries and biographers of S. Zarudnyy called him «the luminary of our judicial world», «leading figure of judicial reform», «father» and «soul» of the case of concluding judicial charters. The article substantiates the conclusion that S. Zarudnyy laid down the democratic principles of the judicial system and legal proceedings in the Russian Empire with his activities.

scholarly journals REGIONAL ASPECT OF SOCIAL POLICY ON THE EXAMPLE OF THE REPUBLIC OF CRIMEA

2021 ◽  
Vol 6(16) (4) ◽  
pp. 251-260
Author(s):  
E. S. Nesterenko ◽  
I.N. Primyshev
Keyword(s):  
Social Policy ◽  
Social Development ◽  
Russian Federation ◽  
The State ◽  
Factors Affecting ◽  
Regional Aspect ◽  
Disability Group ◽  
The Crimea ◽  
The Russian Federation ◽  
The Republic

In this article, the authors have studied the main factors affecting the level of social development of the state. The analysis of the state of social policy of the Crimea and the Russian Federation on the main demographic indicators is carried out. Indicators of crime, inequality, and poverty were studied. The dynamics of indicators of older generations is considered. Indicators of a special category of the population — citizens with a disability group-are analyzed. Employment of the population in modern conditions is studied. Based on the analysis, current problems are identified and priority directions for the development of social policy in the region are proposed. It is concluded that the level of social development in the Russian Federation and Crimea is not at a high enough level, which, in turn, determines the need for additional development of social aspects of the state’s activities.

scholarly journals Periodization of History of Judicial Transformations in Russia in the Second Half of the XIX to the XXI Century

2021 ◽  
Vol 5 ◽  
pp. 34-45
Author(s):  
Aleksey A. Demichev ◽  
◽  
Valentina M. Bolshakova ◽  
Vera A. Ilyukhina ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
The Third ◽  
History Of ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Second Period

The article proposes a periodization of judicial reforms in the Russian Empire, the RSFSR and the Russian Federation. The article proposes a distinction between the concepts of «judicial reform» and «judicial reform». There are distinguished and characterized six periods of judicial reforms in relation to the dynamics of the judicial system and legal proceedings in Russia in the second half of the XIX — XXI centuries: the first period (November 20, 1864 — July 1, 1899) — the judicial reform of 1864; the second period (July 1, 1899 — November 22 (December 5), 1917)) — the transformation of the judicial system and judicial proceedings created by the Judicial Statutes of 1864; the third period (November 22 (December 5), 1917 — May 25, 1922) — the judicial transformations of the first years of Soviet power; the fourth period (May 25, 1922 — July 10, 1923) — the judicial reform of 1922; the fifth period (July 10, 1923 — October 24, 1991) — transformation of the judicial system and judicial proceedings in the RSFSR, created during the judicial reform of 1922; the sixth period (October 24, 1991 — July 29, 2018) — judicial reform in the Russian Federation.

scholarly journals The Interaction of the Parliament and the Judiciary of the Russian Federation

2020 ◽  
pp. 258-264
Author(s):  
Alexey S. Koshel ◽  
◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Russian Empire ◽  
The State ◽  
Legal Rules ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Russian Empire

The article discusses the constitutional problems of consolidation, implementation and improvement of the mechanism of interaction between the parliament and higher courts in parliamentary procedures. The research methods are analysis, synthesis, normative (formal-logical), and historical-legal. The key aim of the study is to identify a mechanism for ensuring the control function of the parliament to control the implementation in the Russian Federation of laws adopted by the Federal Assembly of the Russian Federation. The author came to the following conclusions. In recent years, the higher courts of the Russian Federation have been more actively involved in the work on improving legislation in various ways. At the same time, in his annual address to the Federal Assembly on January 15, 2020, President of Russia Vladimir Putin outlined proposals to strengthen the role of the Constitutional Court of the Russian Federation in the legislative process. Since 2008, a trend has been outlined in Russia to strengthen the control powers of the parliament. One of the most important control powers of the Russian Federal Assembly, fixed in the Federal Law “On Parliamentary Control”, is, in the author’s opinion, the study of the application of laws (legal monitoring), the development of proposals for their improvement. However, along with the annual reports of the General Prosecutor of the Russian Federation at the Federation Council regarding effectiveness of legislation, it is seen necessary to oblige the Supreme Court of the Russian Federation to present reports on judicial practice in the State Duma. The Supreme Court, realizing the constitutional function of summarizing the judicial practice of the courts of the Russian Federation and developing a uniform interpretation of the norms of the law, often quite independently eliminates legal gaps, sometimes developing new legal rules, which is not fully consistent with the doctrine of separation of powers in continental law systems. Such new rules are developed within the framework of not only procedural law, but also substantive (civil and criminal) law. In fairness, it is worth noting that this is not a modern trend, it is the Russian practice that has developed over centuries: the Senate of the Russian Empire, being the highest court, developed new legal rules long before the legislator. All this, of course, does not fully correspond to the role of the court in the continental legal system. However, the same Senate of the Russian Empire, in accordance with the decree of Emperor Alexander I, also had the right to inform the emperor of the need to improve legislation. In this regard, taking into account the historical parallel, the author comes to the conclusion that there is an urgent need for Russia to introduce the annual practice of the Supreme Court’s reports to the State Duma as part of the parliamentary legal monitoring of legal gaps and conflicts identified by the Supreme Court when summarizing judicial practice, with its proposals for improving legislation.

scholarly journals Counteraction to Official Customs Crimes in the Russian Empire in the 19th – Early 20th Centuries

2021 ◽  
Vol 21 (3) ◽  
pp. 35-43
Author(s):  
A.I. Glushkov ◽  
◽  
A.M. Ryabikov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Russian Empire ◽  
The State ◽  
The Russian Federation ◽  
The Russian Empire

The issue of combating malfeasance in the customs service in the 19th – early 20th centuries is studied. The reasons for manifestations of corruption on the part of customs officials are identified. Measures taken by the state to prevent corruption are highlighted, and problematic aspects and difficulties in bringing to criminal liability of the designated category of persons were identified. The characteristic of the corruption counteraction is given and the position on the possible implementation of the results of the measures taken in practice in the Russian Federation is indicated.

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