On the Classifi cation of Absolute Legal Relationships

Absolute legal relations as a conflict of laws phenomenon require in-depth analysis and classification in order to ensure the most effective state of their protection. In the present article, the author raises the question of the general orientation of absolute legal relations, as well as the possibility of their differentiation into general and specific ones. The author examines their classification types depending on their belonging to private or public law; depending on the specifics of the object and its influence on the dynamic and static components of absolute legal relations; depending on the branch of law; depending on the purity of the nature of the absolute legal relations themselves. The author also analyzes the expediency of identifying quasi-absolute legal relations. The importance of resolving the issue of the correct classification of absolute legal relations is dictated by its influence on the degree of legality and guarantee of the process of realization of absolute and inalienable rights of the individual.

The Origination of a Collective Body of Power

The author demonstrates the fluctuations in the position of authority in modern and contemporary times, when the medieval model of “two bodies of the king,” or “two bodies of power” is relinquished. The article demonstrates how the formerly valid analogy between the body of the world and the human body began to disappear. This was facilitated by the scientific discourse of the 16th –17th centuries, which presented the body as an “organic machine” endowed with universal functions and structure.

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

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.

Theoretical and Historical Reservations Required for Adequate Perception of the O. Holmes’ Legal Ideology

n Russian legal discourse there are frequent attempts to apply the postulates of a realistic legal understanding, formed by US Supreme Court Justice Oliver Wendell Holmes, to continental legal realities. The findings of the American lawyer in relation to the jurisprudence of the United States are transferring to the Russian legal institutions without regard neither to the difference the very essence of common law, which was studies by O. Holmes, nor to the difference of status and functions of the judiciary, of which he wrote, nor even difference of the historical process of formation of legal material which he explored. As a result, we have statements like the decisions of the Plenum of the Supreme Court or the decisions of the Constitutional Court of Russia are “judicial precedents”, and even the result of judicial law-making, as was described by O. Holmes and other legal realists. This article debunks the myths about the classification of the American legal understanding, about the real essence of judicial law-making in the United States and about its differences from its English predecessor, about the adequacy of the appeal to the American legal ideology without considering the cardinal features of the status and functioning of the US judicial system. The article offers a brief, but sufficient to overcome these errors, historical and theoretical essay on each of the identified areas.

The Historical Meaning of the Molasses Act 1733 in the Political and Economic Life of Virginia in the XVIII Century

The article is devoted to the study of the Molasses Act, adopted by the British government in 1733. Analysis of the political and economic context of the adoption of this normative act makes it possible to study the features of the formation and development of the economy of the American colonies of Great Britain. Historical example of Virginia in the middle of the 18th century helps in studying the characteristics of the region and examining the practice of enforcement of British law in the colonies. The study of historical events related to the reaction of the American colonial community to the adoption of the designated law allows us to detail the organizational and legal forms of British government policy at the local level. This issue is also important from the point of view of studying the growth of radical sentiments in the colonies, strengthening the tendencies of separatism and joining the struggle for independence.

Combating Recidivism in Leningrad and the Leningrad Region in the Early 1960s to the 1990s: The Status and Results

The article analyzes the historical and legal aspects of the fight against the increasing influence of repeat offenders on the criminal situation in the region in the early 1960s — 1990s. The reasons for the increase in recidivism are investigated, associated both with the imperfection of the work of law enforcement agencies in Leningrad and the region, and with the processes taking place in the structure of regional crime in these years. Some issues of coordination of activities in the field of prevention of recidivism in the region are discussed, the experience of the implementation of criminal-legal approaches in the fight against it is summarized.

Jeremy Bentham and Russia: A Historical and Legal Sketch

The article provides the author’s analysis of the work of I. Bentham. The influence of his ideas on the implementation of reforms in Russia at the beginning of the 19th century, including the judicial reform of 1864, is shown. It is noted that from the ideological heritage of I. Bentham, such provisions as the independence of the judiciary, the need to codify the main branches of law, the priority of written law and the diminution of the role of legal custom, the equality of all before the law and the court regardless of class, the humanization of legal (primarily criminal) responsibility, the expansion of freedom of entrepreneurial activity in, etc. found a lively response in the Russian political elite and public consciousness.

Cuban State and Legal Subjectivity in the 19th Century: Origins and Process of Formation

This article is devoted to the origins of the Cuban state-legal subjectivity. The Cuban nation, which was born in the second half of the 18th century, went through a series of fundamental transformations in the 19th century, the basic result of which was the liberation from the yoke of the Spanish metropolis and the achievement of national independence. A number of social, foreign policy, and financial and economic factors contributed to this aspect. The American protectorate, however, imposed on Cuba in the form of the Platt Constitutional Amendment of 1901, did not allow the Island of Liberty to enjoy full sovereignty, which ultimately led to the victory of the Cuban Revolution of 1959.

The Establishment of Laws and the Doctrine on Criminal Liability and Punishment of Minors

The article attempts at determination of the beginning of differentiation of criminal liability and punishment of minors and infants in Russian laws, identification of tendencies in the establishment of the minimum criminal liability age (the man’s ability to commit a sin before the age of 21), characterization of punishment of the said persons depending on their age (10–14 years, 14–17 years, 17–21 years) and the essence of the misdemeanor and its gravity. Special attention is paid to “peak” situations in fixing of the criminal liability age in Soviet criminal law (from the age of 17 and 12). Besides, the author shows theoretical fundamentals of the doctrine on the age of criminal liability of infants and minors considering their full incapacity, relative incapacity and softened punishability (by A.F. Berner, A.M. Bogdanovskiy, O. Goreglyad, A.F. Kistyakovskiy, N.N. Pustoroslev, N.D. Sergeevskiy, N.S. Tagantsev, etc.).

Methodology of the Study of Crisis Phenomena in Law: A Historical Legal Standpoint

The article considers the methodological challenges of studying crises in law from a historical and legal perspective. There are three main questions: “What is a crisis in law?”, “What are the criteria for crisis phenomena?” and “How to overcome them?” To assess the crisis in law properly, it is necessary to consider it only in the context of crisis phenomena in other areas of life. The legal crisis is usually an outcome of economic and cultural turmoil, but it can itself cause systemic distress. The historical examples in the article show signs that can indicate a crisis in the legal domain. The peculiarities of studying the ways to overcome crisis phenomena in law are revealed.