VESTNIK 2 (30) 2022
- Title:
- VESTNIK 2 (30) 2022
- Number:
- 2
- Year:
- 2022
- Date publication on the site:
- 2022-08-30 14:42:51
- Full journal in PDF:
-
Content all 10
Implementation of the trade policy of the Russian Empire in the late XIX – early XX centuries (based on materi-als of the Simbirsk province)
UDC: 316.4
Section: HISTORY
Authors: Natalia S. Boyko; Rashit A. Mukhamedov;
The relevance of the issue lies in the fact that at present, when the Government of the Russian Federation is forced, in the realities of the systematic increase in sanctions pressure from a number of European states, to make efforts and develop a policy course of reforms that can give an intensive impetus to the development of the ag-ricultural sector, it is certainly important to analyze a typical form of exchange of goods – fair trade.
In addition, the relevance is reinforced by the lack of development of issues in the modern domestic research field. The goal of the study is to carry out a comprehensive analysis of the events and problems of the state trade policy of the Russian Empire in the late XIX – early XX centuries (using the example of the Simbirsk province). The study uses archival documents of the State Archive of the Ulyanovsk Region (SAUR), as well as literature and scientific publications of researchers on this topic. The article was formed on the basis of principles and methods adopted in modern historical science. The principles of objectivity and historicism became fundamen-tal. When writing the work, specific methods were also applied: problem-chronological, historical-comparative, historical-systemic, statistical. The process of organizing fair trade in the Russian Empire in the late XIX – early XX centuries was shown. Along with this, methods of creating conditions for participation in the trading activi-ties of taxable estates and exemption of trade from class restrictions were studied. It was concluded that in the late XIX – early XX centuries significant changes were taking place due to the rapid economic and socio-cultural development of the region. Theaters, cultural and educational institutions appeared in the city. Visiting these places meant dressing beautifully and fashionably. Photography became an important event in people's lives; they tried to capture their costume and various accessories that complement the image.
Kozmodemyansk coachmen of Peter’s time
UDC: 94(47)05(470.343)
Section: HISTORY
Authors: Anany G. Ivanov;
The transformations of Peter the Great’s time at the end of the 17th – first quarter of the 18th centuries could not but affect the position of a special social stratum of Russian coachmen, who were obliged to provide for state needs on the most important land routes of the country. This also applied to the coachmen of the Middle Volga city of Kozmodemyansk, located at one of the junction points of the most important communication routes that provided stable transport links from Kozmodemyansk to Nizhny Novgorod, Kazan, Tsarevosanchursk, Yadrin, Kurmysh and other cities. This article examines the official and economic activities of Kozmodemyansk coachmen, the evolution of their estate-legal status and the uniqueness of this social stratum within the frame-work of the state estate policy. The documentary basis of the article was documentary materials extracted by the author in the collections of Landrat books and audit tales (f. 350), Kozmodemyansk serf Office (f. 615), the Boundary Office of Kazan province (f. 1312) of the Russian State Archive of Ancient Acts (RSAAA) in Moscow. The studied archival and published documents, their thorough analysis in combination with the involved range of historical research, allowed us to form a holistic view of the estate-legal evolution and socio-economic situa-tion of Kozmodemyansk coachmen, to identify the specifics of the "vyt’" as the main service and economic unit of the Yamskaya Sloboda, to characterize the most important aspects of the service and economic activities of coachmen, to identify their contribution in the socio-economic development of the city and the region.
Historiography of the forestry industry of the Mari ASSR in 1945–1985
UDC: 94(47).084.3
Section: HISTORY
Authors: Aleksey A. Ivanov; Aleksandr V. Gulyaev;
The history of forestry and its exploitation in various regions of Russia (USSR) in the 1940s-1980s remains one of the urgent problems of Russian historical science and a number of similar scientific disciplines in the subject of research. The forest wealth of the state, as an integral element of economic and social policy, currently has its own historiographical base. However, a full-scale study of it has not been carried out fully enough. There is an urgent scientific need to evaluate the results of the activities of previous generations of researchers and to set new tasks. Due to a number of circumstances, primarily the natural and geographical factor, this problem is es-pecially relevant for the history of the forest industry in regions such as the Republic of Mari El. The purpose of this article is to study the main directions of studying the history of the formation and functioning of the forestry industry of the Mari ASSR in 1945‒1985. The article is based on a wide range of studies devoted to the charac-teristics of forestry and the exploitation of forest resources of the Mari Region in the second half of the twenti-eth century. Synchronous and retrospective publications prepared by historians, economists, sociologists, and forestry specialists are taken into account. The research is based on historical-genetic, historical-comparative and historical-typological methods that allowed reconstructing the dynamics of the historiography of the devel-opment of the forestry industry of the Mari ASSR in 1945–1985. Representatives of various sciences in the sec-ond half of the XX – early XXI centuries paid considerable attention to the industrial upsurge, including the timber industry of the USSR as a whole and the Mari ASSR in particular. In monographs, articles, popular scien-tific publications, they paid attention to the formation of industrial potential in the post-war years, the training of qualified personnel for the timber industry, the mechanization of the woodworking technological process, the provision of the logging industry with highly qualified personnel, rational labor organization, improving the material well-being of forest industry workers, the introduction of innovative technologies in the industry, a sys-tem of incentives for labor collectives, innovation at all levels of logging and woodworking industries, mecha-nization and improvement of labor productivity. Practically none of the problems related to the development of the forestry industry has been ignored, but the number of comprehensive studies is clearly insufficient. In the course of the study, the authors identified the main trends, directions and results of studying the history of the development of the timber industry of the MASSR. New tasks have been set and possible options for further study of the problem have been identified. An integrated approach is named as a priority vector of research.
How to ride among the snows: road difficulties and inconveniences in the north of Russia in the 19th and early 20th centuries
UDC: 93/94
Section: HISTORY
Authors: Vladimir A. Korshunkov;
The road and traffic issues are very important for understanding the Russian Empire as the largest continental power in the world. The road tradition of Russia has been studied by historians and other specialists only recent-ly. However, this topic is important because it allows better understanding how traffic was organized in pre-revolutionary Russia, what difficulties and dangers it was associated with. The topic can be studied using a vari-ety of narrative sources (primarily memoirs), archival documents, and also interpreting those fiction texts that were created with a focus on authenticity. The main transportation by horse-drawn transport was carried out in winter: land roads for many centuries were so bad that in comparison with this, a winter trip on sleighs was easi-er and faster. However, winter trips were convenient only at the very beginning of winter. Despite the ad-vantages of winter traffic, travelers, cabbies, and coachmen faced many difficulties and inconveniences during a cold season. This paper identified and studied the difficulties of winter roads in the north of Russia (in particu-lar, in the Vyatka province) due to the fact that roads were constantly covered with snow, a path became nar-row, and it was difficult for oncoming people to pass by. Small country roads covered with snow caused a lot of trouble: conflicts broke out between oncoming people, breakdowns and injuries occurred. In any case, traffic was slowing down. This paper also discusses the modes of action with which people sometimes tried to prevent conflicts on the narrow winter roads.
Dionysus in early Christian narratives: traditions and innovations in the study of Christianity through the prism of the Dionysian religion
UDC: 94/255
Section: HISTORY
Authors: Yulia S. Obidina;
The formation of Christianity in the Greco-Roman world was based on pagan tradition. A special role in the jus-tification of the new religion was played by the cult of Dionysus, whose image was often associated by early Christian authors with the image of Christ. The purpose of the article is to analyze early Christian texts, focus-ing on the traditions of their study, in order to understand the Christian perception of Dionysus in early Chris-tian narratives and the socio-cultural environment in which Christianity was established. The empirical base of the study is based on early Christian texts (The Acts of the Apostles, 1st Epistle of the Apostle Paul to the Corin-thians, the Gospel of John). The main method used is a comparative analysis of the methodologies proposed by the researchers aimed at demonstrating how the religious and literary tradition forms the identity of the new Christian community. The article considers alternative approaches and methodologies to the study of the “Acts” that have developed over a century-old tradition. The general and the particular in the use of
Dionysian motifs for understanding the new Christian socio-cultural realities are noted. It is shown that the transfer of knowledge about Dionysus can be based not only on literary tradition, but also on ritual experience. The image of Dionysus and the religious practices associated with it were so widely known in the Greco-Roman world that their use was a natural result of the establishment of a new religion. Christian texts, despite the obvi-ous operation of tradition, represent new realities and the universal aspirations of
Jesus. This is not just a borrowing of tradition, it is an attempt to build a completely new understanding of the religion of salvation.
Ethical regulation of conflict of interest in international, European and Russian anti-corruption legislation
UDC: 342.98
Section: LAW
Authors: Elena R. Kostina;
In modern conditions, inefficiently resolved conflicts of interest on the part of civil servants undermine citizens’ trust in government institutions. Therefore, the regulation of legal relations associated with a conflict of
interest is the object of a variety of political, legislative measures and management approaches. Their goal is to
increase the transparency of the activities of government institutions, to eliminate the negative impact on their
decision-making mechanisms. The article considers the most significant documents adopted in this area at the
international and European levels: the International Code of Conduct for Public Officials, the Model Code of
Conduct for Public Officials, the OECD Guidelines for Resolving Conflicts of Interest in the Public Service. The results of a comparative study commissioned by the European Department of Parliamentary Policy on Citizens’ Rights and Constitutional Affairs on the topic “The effectiveness of conflict of interest policies in the EU-member states” are presented. The main purpose of this study was to analyze and compare the effectiveness of regulating
relations concerning conflicts of interest; it also proposes a set of measures, both systemic and practical, relating to areas of greatest risk of conflicts of interest. In the Russian legislation at the present stage of social regulation of conflict of interest prevention we observe the consistent implementation of the international legal standard for conflict of interest prevention, as well as a significant increase in the volume of ethical codes.
In the future, the role of the institution of conflict of interest in the legislation will only increase, finding appli-cation within the framework of the legal regulation of new social relations.
Public control in the implementation mechanism of national projects
UDC: 342
Section: LAW
Authors: Denis S. Mikheev;
The implementation of national projects in Russia, which has entered an active phase since 2018, attracts the close attention of civil society. Citizens and public organizations show a legitimate interest in the ongoing re-forms, since many of the projects are aimed at improving the life index of people, creating comfortable living conditions, and solving important social issues. The most active part of society is not limited to simple curiosity or discussion, but also seeks to contribute to the common cause through public control. To date, this mechanism has received legislative regulation, and is being successfully tested in the civil assessment of many areas of government activity. The main subjects of public control have been formed public chambers and public councils, which, however, in our opinion, are not enough. There is an obvious demand for expanding their com-position, providing additional opportunities for society to participate in the mechanism for the implementation of national projects. The purpose of the article is to analyze the currently existing subject composition of public control from the standpoint of a possible addition with a new category of “citizens”. The study and
comprehension of such an important component of society as citizens under the prism of public control allows us to move away from a not fully thought out legislative concept. The considered scientific discussions testify to a significant part of the adherents of revising the role and place of citizens in the system of public control. Citi-zens could well supplement the basic subjects and make a fruitful contribution to the public assessment of the
activities of the government, in general, and its efforts in the implementation of national projects, in particular. This perspective highlights the problematic issue of establishing certain legislative requirements for applicants in order to avoid incompetent or unreasonable actions on their part. Legislative proposals aimed at the normative fixing of citizens among the main subjects of public control are formulated. Also, ways are proposed to solve the orderliness and coordination of the activities of all subjects of public control on the basis of a federal digital
platform that creates a single space for the dialogue of all participants involved in the process of public control.
On increasing the role of the court in the system of municipal legal responsibility
UDC: 342
Section: LAW
Authors: Tatiana N. Mikheeva;
The nature of public authority at the local level is characterized by a balanced combination of state and public principles, which presuppose certain autonomy in the state administration system. The responsibility of local government bodies and officials is of interest to researchers, since it is characterized by its own characteristics and includes not only the court, but also state bodies. The purpose of the article is to analyze the responsibility of local self–government bodies and local government officials, which they bear for the
results of their activities, to identify the role of the court in the mechanism of responsibility. Municipal legal li-ability is a branch type of legal liability of municipal law, which occurs for violation of functions or failure to perform tasks assigned by the legislator to the municipal level of government. When analyzing each form of re-sponsibility, the features of the procedure for bringing to responsibility were considered. The state actors partic-ipating in this process are identified. It has been established that judicial bodies are not included in it in all cas-es. The dismissal of the head of the municipality does not require a court decision, for example, the
initiative of deputies of a representative body or a senior official of a constituent entity of the Russian
Federation is sufficient. There are doubts about the impartiality of the initiatives. Leaving only the court in the mechanism of municipal legal responsibility would be more fair.
Separate issues of legal regulation of criminal procedural relations between participants of the stage of initiation of a criminal case
UDC: 343.1
Section: LAW
Authors: Svetlana A. Yakovleva;
The subject of criminal procedural regulation is the criminal procedural relationship, in which its
subjects, as participants in legal relations, are carriers of mutual rights and obligations, with responsibility for non-fulfillment and improper fulfillment of duties, which determines the importance of studying the system of criminal procedural relations. The study of the norms of Section II of the Code of Criminal Procedure of the Russian Federation, Chapters 19 and 20 of the Code of Criminal Procedure of the Russian Federation allows us to conclude about the legal uncertainty of criminal procedural relations between participants in criminal pro-ceedings who do not have authority and authorized officials empowered by the criminal procedure law to use coercive means, as well as between representatives of criminal jurisdiction, which creates conditions for abuse of the right. The author suggests to solve the main issue of the stage of initiation of a criminal case – to establish the presence or absence of a crime, to fix in the Criminal Procedure Code of the Russian Federation a system of corresponding criminal procedural relations between a person affected by a crime and an authorized official,
between a crime applicant and a representative of the authorities, between the person in respect of whom a veri-fication is carried out, and by the subject of criminal jurisdiction. The author draws attention to the gaps in the legislative regulation of criminal procedural relations between the head of the investigative body and the inves-tigator, between the head of the inquiry unit and the inquirer, between the head of the inquiry body and the in-quiry body, between the head of the inquiry body and the inquirer at the stage of transmission and
acceptance of the verification material at the stage of initiation of a criminal case. The author proposes to draw the attention of the legislator to the consolidation in the Code of Criminal Procedure of the Russian Federation of a criminal procedural act, which is the basis for the emergence, modification and termination of a criminal procedural relationship, criminal procedural legal capacity and criminal procedural capacity. A clear establish-ment of criminal procedural relations at the stage of initiation of a criminal case will avoid abuse of authority in the criminal process, and will ensure public safety, public order and the legitimate functioning of public authori-ties.
Criminal law and criminal procedure issues of preservation and protection of human life and health
UDC: 343.1
Section: LAW
Authors: Svetlana A. Yakovleva; Anastasiya Yu. Polyanina;
The preservation and protection of human life and health is the immediate and direct responsibility of a medical professional with special knowledge of providing professional and appropriate medical care.
Taking into account the blank nature of the criminal law norm, the authors analyzed certain provisions of the Federal Law "On the basics of protecting the health of citizens in the Russian Federation" and revealed the ab-sence of fundamental concepts “preservation of human life”, “protection of human life”, “hospitalization”, “a person in need of medical care”. The authors propose to legalize such terms, and to clarify certain
provisions of the named law. In the disposition of the norm of Article 124 of the Criminal Code of the Russian Federation, the concept of “sick” is used, and the specified federal regulatory legal act contains the term
“patient”, interpreted in a narrow sense. According to the authors, the legislator unreasonably limited the boundaries of medical care to the provision of preventive medical activities. The legislative division into emer-gency and urgent forms of medical care has created a causal complex of the onset of serious consequences, in particular, the death of a person. The authors propose to amend the wording of Article 124 of the Criminal Code of the Russian Federation, providing for criminal liability for failure to provide or
improper provision of medical care to a person who has applied for medical assistance or who needs medical as-sistance, as well as a person who is in a state of threat to life or health and who needs hospitalization, emergency medical care. In the context of the creation of electronic document management in the public administration system, it is necessary to improve the criminal procedural means of proof and to consolidate the investigator's obligation to immediately withdraw the electronic information carrier after receiving a crime report in order to timely conduct a forensic computer-electronic-technical expertise. The establishment in Part 1 of Article 144 of the Criminal Procedure Code of the Russian Federation of the investigator's obligation to perform seizure, search, personal search, which are of an urgent nature, and the exclusion of the seizure of objects and documents as another procedural action from the stage of checking the crime
report will allow the formation of admissible evidence.