ON THE ORGANIZATIONAL AND LEGAL ORIGINS OF THE PROSECUTOR's OFFICE OF UDMURTIA: PROSECUTOR'S OFFICES IN VYATKA PROVINCE IN XIX - EARLY XX CENT

The article deals with the problem of the emergence and formation of prosecutor's offices in Glazovsky, Sarapulsky, Yelabuga and Malmyzhsky uyezds of Vyatka province, which later formed the territorial basis of the Udmurt Republic. The relevance of the issue is connected both with its poorly studied nature and with the continuing dubious practice of considering 1922 as the starting point in the history of the Udmurt prosecutor's office. The purpose of the article is an attempt of historical reconstruction of the organizational and legal origins and subsequent development of the prosecutor's offices in these uyezds, and also the justification of the establishment in 1874 of prosecutorial supervision bodies at the district courts in Vyatka and Sarapul as the starting point in the history under consideration. In the process of research, a wide range of general scientific and historical-legal methods were applied, based on a dialectical approach and using pre-revolutionary sources, including archival materials. The author substantiates the idea that the prosecutor's office long before the revolution of 1917 was an important element of the system of regional state-legal management, and the Soviet Prosecutor's Office of the 1920s emerged as an updated institution, restored on the basis of extensive pre-revolutionary experience and with the assistance of old specialists.

استشكال الأحاديث النبوية في ضوء القواعد الشرعية

This articles sheds light on one aspect of Problematic Hadith, which is illusion of hadith’s contradiction with Shari’ah rules. It aims at explaining the concept of Shari’ah rules, clarifying their characteristics and providing practical examples of hadiths that seemingly contradict the Shari’ah rules. The article relies on the inductive approach to find out this type of hadiths and to point out scholars’ opinions about them. It also uses descriptive and analytical approach in explaining the significance of Shari’ah rules and studying problematic hadiths. The present articles confirms that these rules have legal origins, that they cover all Islamic subjects and that they are considered as a source if Islamic Shari’ah. Accordingly, a real contradiction between them and hadiths cannot be imagined. It also emphasizes the importance of these rules as a standard used to unveil the actual meanings of hadiths and shows scholars’ keenness on eliminating the seeming contradiction in problematic hadiths.

Human Resource Management in the Anglo-Saxon Countries

The Anglo-Saxon countries or the liberal market economies are just about the only example of a country grouping that both the cultural theories and the comparative institutional theories agree on. Culturally, these countries are characterized by low power distance, high individualism, and low uncertainty avoidance. Institutionally, these countries have shared legal origins (common law) and specific political systems (first-past-the-post in most instances). They are the stock market capitalist, liberal market, or compartmentalized capitalist countries. They are characterized by powerful private property rights, lesser rights for other stakeholders, and government being less interested in supporting stakeholder rights, with commensurate suspicion of government involvement (other than in respect of bailouts of politically connected insider corporations) and taxation. Competition is depicted as unalloyed good, even if in practice such markets are often characterized by powerful oligopolies. This is important because the original theories of management and of human resource management, most of the research, and much of the current thinking in these areas come from the United States of America; most of the largest management consultancies have their headquarters or draw their inspiration from the United States; and academic teaching and publication follow the United States. There have, however, been debates about how cohesive and consistent the Anglo-Saxon category is and precisely how the implications for human resource management are manifested in each country.

THE DOCTRINAL IMPACT OF SOCIAL CONTRACT CATEGORY ON THE DEVELOPMENT OF THE PHILOSOPHY OF LEGAL SCIENCES

The article researches the peculiarities of the social contract theory influence on the philosophical foundations of legal science. The author analyzes the classical doctrines of T. Hobbes, J. Locke, J.-J. Rousseau, who created the theory of social contract, the article substantiates the influence of this theory on the interpretation of certain legal principles, the function of law and the initial legal origins. It is studied the nature of the legal compromise between public and state legal principles. It is stated the scientific position that the contract as a legal attribute and negotiability as a legal property of the person are the order ontological foundations (instead of simply a civil category). T. Hobbes's theory of the social contract defends the position that the renunciation and transfer of absolute freedom and absolute "right to everything" is a transition from the individual to the general legal state of society, which makes it possible to answer questions about internal legal formation and human development as a legal entity. Locke demonstrates the concentration of legal meanings not in supernatural principles, but in man himself, since it is a person who is the source of legal potential. According to the position of J. Locke, individuals are endowed with equal freedom and as a consequence, equality in the perception of each other without any renunciation, and thus, are capable of legal compromise. Therefore J. Locke's theory of social contract allows to doctrinally substantiate key legal principles as innate integral legal attributes of human existence. The theory of social contract makes it possible to look at the nature of power, as well as communication between the sovereign and the people from a purely legal and anthropological point of view, to distinguish their logic unlike the theological approach and its principle of «given». Order as a key legal characteristic is revealed through bargaining power as the ability to obey established requirements. This theory for the first time reveals some inalienable legal meanings: the legal capacity of legal consciousness, mutual restraint, subjugation, generality.