VESTNIK 4(8) 2016

Title:
VESTNIK 4(8) 2016
Number:
4
Year:
2016
Date publication on the site:
2017-02-02 08:27:55
Full journal in PDF:
SOVIET ARMY GENERAL
UDC:
Section: HISTORY
Authors: Ruslan Arkad'evich Bushkov ; Valentina Evgenevna Kutasova ;
The article is dedicated to P. V. Maltsev, the former s tudent of the Faculty of physics and mathematics of the Mari Pedagogical Institute named after N. K. Krupskaya in the 1930-s. Due to this institution he had chosen the profession of Motherland defenders after his appeal to the Red Army and after taking part in the Great Patriotic War of the Soviet people against the Nazi invaders. Awarded two Orders of the Patriotic War, three Orders of the Red Banner and the three Orders of the Red Star for combat service, he had to become a direct participant in the “cold war”, which was developed between the two superpowers USA and the Soviet Union after the Second World War. P. V. Maltsev has served in the Armed Forces of the USSR to the highest military rank of general-lieutenant, high positions in the General Staff and teacher at the Military Academy in the General Staff. He became one of the last commanders of the supreme command of the Soviet Army and one of the latest developers of the military doctrine of the USSR, disintegrated in December 1991 as a result started by President Gorbachev political reforms. The last years of his life general-lieutenant P. V. Maltsev dedicated to upholding the truth in the history of the country.
GREECE BETWEEN MAIDAN AND SMOLNY. REACTION OF BALKAN NEIGHBORS
UDC:
Section: THE HUMANITIES
Authors: Georgij Ivanovich Kolarov ;
This article provides socio-economic and socio-political analysis of the recent history of the modern Greek state, which, after the Second World War, fell into a protracted social and political conflict, which escalated into a war. It had thickened ethnic coloration: the Greek army fought with the guerrillas-Bulgarians. After the defeat of the guerrillas, the eviction of the Bulgarian minority and the consolidation of the Greek majority under the banner of anti-communism began. Logically, the country joined NATO and EOI. The conflicts with the Republic of Turkey marred the Euro-Atlantic integration of Greece. The Cyprus crisis brought them almost to the direct military confrontation. As a result, Greece was temporarily out of NATO. After the collapse of the socialist system, the country lost its crucial outpost of the West in its confrontation with the Warsaw Pact. However, for many years the Greeks enjoyed the benefits of the EU and lived much better than its Balkan neighbors, with no economic justification for such a standard. Logically, the crisis came unexpectedly. The country still cannot break out of the social and economic impasse. The coming to power of the ultra-left party SYRIZA, led by a young Prime Minister Alexis Tsipras only aggravated the situation in the country, laying a mine under its future development. As a result of the crisis, Greece's relations with its Balkan neighbors have been hit hard.
PARTICIPATION BY MARI WRITERS AND ARTISTS IN INTERNATIONAL COOPERATION IN THE FIELD OF CULTURE AND FINE ARTS
UDC: 75.011.2
Section: HISTORY
Authors: Valentina Evgenevna Kutasova ;
The article gives a general characteristic of the beginning of the cooperation of the founder of Mari literature S. G. Chavain and Hungarian writer Mate Zalka, which took place in 1930 at the first conference of writers of the Udmurt Republic in Izhevsk, where both were invited. The artist E. G. Yaranov had displayed historical fact in the culture of Finno-Ugric peoples in his painting “S. G. Chavain and Mate Zalka”, written in 1987.
HERITAGE OF MONOMAKH: LESSONS OF THE PRESENT
UDC: 94(47).027
Section: HISTORY
Authors: Margarita Leonidovna Lebedeva;
The subject of study is the image of Vladimir Monomakh and his creative legacy. The object of research is “Instruction”, the work by Monomakh. Particular attention is paid to the ideas of unity of Russia and the equality of peoples, the sovereignty, the political and administrative instructions of the historical figure, of moral behavior the president and his entourage. Comprehensive study of life and works of Vladimir Monomakh allowed to create the image of the life and work of the great prince, to rethink the ideas articulated by him. All this is still of interest to politically socialized society.
ANCIENT GREEK MYTHS AS A HISTORICAL SOURCE
UDC: 03.09.23
Section: HISTORY
Authors: Julija Sergeevna Obidina ;
The article posed the problem of the possibility of using Greek mythology as a historical source. It is noted that all ancient Greek myths can be divided into two groups: the “mythical” myths and “historical” myths, the latter of which can be regarded as historical narratives. For the first time this method of the study of mythology has been carried out by the ancient Greek philosopher Euhemerus, so the approach is called “euhemerism”. In fact, this method is a method of hermeneutic theory of interpretation of myths, which is very successful in conjunction with other historical methods and techniques of archeology, psychology, anthropology, and other disciplines. The article opens a series of studies of ancient Greek mythology using the hermeneutic approach, by which it is intended to study the psychology of the ancient Greeks, religious views, the place and role of women in Greek society, the emergence of agriculture, etc. The paper substantiates the possibility of applying the hermeneutic approach to the study of ancient Greek mythology and outlines the main ways of further research.
CULTURAL PATRONAGE OF THE CITY OF YOSHKAR-OLA OVER THE MARI VILLAGE IN THE 40–70SS OF THE XXTH CENTURY
UDC: 008(470.343)
Section: HISTORY
Authors: VladimirIvanovich Rybalka ;
The article deals with the provision of specific assistance from Yoshkar-Ola institutions of culture and arts to national universities and rural amateur. The study examines the increasing role of the theater in the village life, the increase in the number of performances, meetings of heads of theaters and actors with the audience in the countryside. Many workers of arts, artists, writers traveled to the collective and state farms, provided methodological assistance to cultural institutions, contributed to the development of amateur. Along with traditional forms of cultural and patronage work that emerged in the preceding period, the new ones evolved: the art workers took personal patronage over the rural collectives of amateur performances; rural and regional arts festivals were held. Cultural and educational institutions of Yoshkar-Ola established strong creative relationship with rural clubs, libraries, amateur art collectives. All municipal institutions of culture and art have been assigned to certain rural areas. Many amateur art factories and enterprises, educational institutions of Yoshkar-Ola, as part of agitation trains, traveled during the sowing campaign in the countryside and had good ratings and reviews of spectators. It must be emphasized that during the period under review folk theater were shown on the stages of Yoshkar-Ola theaters, clubs and houses of culture had rural amateur groups, meetings with poets, composers, artists, exhibitions were organized. The organization of collective visits of rural residents to plays and concerts, as well as tours of the Yoshkar-Ola theater and concert bands in the village firmly entered Mari village life. Particular attention is given in the article to the conclusion of contracts of cooperation between the professional creative teams of the capital of Mari El and the inhabitants of regions of the republic.
FORMATION OF THE INSTITUTE OF HIGH-RANKING GOVERNMENT OFFICIALS IN THE SOVIET UNION AND THE RUSSIAN FEDERATION IN THE 1980–1990
UDC: 342.5
Section: HISTORY
Authors: Valentina Georgievna Sushentcova ;
The article is devoted to formation of Institute of the highranking government officials in the period of political reforms in the USSR and the Russian Federation of the late 1980–1990s. Initially, this concept appeared in 1989 due to the emergence of new Supreme bodies of state power – the Congress of people's deputies of the USSR and RSFSR. Senior officials were named Chairmen of the Supreme Soviets of the USSR and RSFSR. The establishment in April 1991 the post of President of RSFSR has begun building the vertical of Executive power. Since 1999 the concept of “high-ranking government officials” has been fixed by the Federal legislator behind the head of the Supreme Executive body of a constituent entity of the Russian Federation. Keywords: high-ranking government official, Chairman of the Supreme Soviet of the USSR, Chairman of the Supreme Soviet of the RSFSR, President of the RSFSR, head of the supreme executive body of a constituent entity of the Russian Federation
DEVELOPMENT OF FORESTRY IN BOLSHE-LIPSHINSKY (KOKSHAMARSKY) WOODLAND OF THE KOKSHAYSKY FOREST AREA OF THE CHEBOKSARY COUNTY OF THE KAZAN PROVINCE AT THE END OF THE XIXTH – BEGINNING OF THE XXTH CENTURIES
UDC: 630(091)(470.343)
Section: HISTORY
Authors: Aleksandr Anatol'evich Filonov;
The condition and development of forestry in Bolshe- Lipshinsky (Kokshamarsky) woodland of the Kokshaysky forest area at the end of the XIXth – beginning of the XXth centuries is characterized in the article. The research is based on the standard historical principles such as historicism, objectivity and systemacy. Historical and genetic, historical and comparative, historical and statistical methods were used in the article. All this allowed to show cause-and-effect relationships, to explain the facts under consideration, to discover the essence of the studied processes and phenomena, to follow the dynamics of the key indicators of forestry development in Bolshe-Lipshinsky (Kokshamarsky) woodland. In general it was conducted here according to accurately established plan with specifically certain size of an annual cutting area, its direction, recorded ways of renewal of the cutting areas and the actions directed to protection of forest resources. However there were also many unresolved problems. Wildfires which negatively affected the condition of tree species were rather frequent phenomenon. Efficiency of protection of Kokshamarsky woodland from violations of Forest charter left much to be desired. Productivity of natural and artificial reforestation of the cut-down areas was not high.
FIRST WORLD WAR ON THE PAGES OF AMERICAN TEXTBOOKS
UDC: 433.94
Section: HISTORY
Authors: Andrej Andreevich Iarygin ;
The article is devoted to the history of the First World War in American University textbooks on U. S. history. Special emphasis is placed on the analysis of three American textbooks with wide distribution in modern educational practice. The research addresses issues of internal development of the country, the participation of American troops in the final battles of the war and the diplomatic policy of the United States in the postwar world. The article describes the characteristic strengths and weaknesses of American educational literature.
NEW ALTERNATIVE CIVIL LAW DISPUTES RESOLUTION PROCEDURE
UDC: 347.91/.95
Section: LAW
Authors: Andrey Fedorovich Bakulin ; Nikolaj Nailevich Smirnov ;
Amended commercial procedural legislation provides for the mandatory alternative resolution procedure for the most civil law disputes. The authors examine the practical issues of compliance with the claim procedure prior to filing of a claim to the commercial court. Alternative resolution procedure is a special written procedure of reconciliation of the disputing parties by presenting the creditor's claim to the debtor and his reply to it; it is aimed at resolving the dispute between the parties or eliminating uncertainty in their relationships. Procedural legislation doesn't provide for common strict rules to the form and content of a claim. There is no any law or other legal act, which regulates alternative resolution procedure in detail. Only the document containing concrete legal claims, which in case of their failure to perform by the debtor will entail filing a lawsuit to the commercial court, has a legal force. Alternative resolution procedure, which includes presenting a claim to the debtor and replying it, or avoiding it within the prescribed period, must be complied with by the plaintiff prior to filing of a statement of claim to the commercial court. Lack of the claim and (or) the documents, confirming the forwarding of the claim to the defendant, prevents the court from accepting a statement of claim and initiating proceedings. Obligation to comply with the alternative resolution procedure applies in relation to each claim included in a lawsuit. Claims, which are not mentioned in the document, can be left without consideration. The response to a claim should contain a precise and definite conclusion on rejection of a claim with the reference on law and supporting evidences, or it's full (partial) satisfaction, including the sum recognized, information on the procedure and terms of payment, or another way of satisfaction of a claim in case if it contains non-monetary request.
FREE USE OF THE COMMERCIAL NAME WITHOUT VIOLATING THE RIGHTS OF ITS OWNER: THEORETICAL AND PRACTICAL ASPECTS
UDC: 340
Section: LAW
Authors: Maksim Anatol'evich Verholjotov ;
Commercial name as a separate legal institution in civil law is very important for business. The use of this means of identification has a wide interest among businessmen within the limits of the use of their designations, as well as opportunities to protect their rights from misuse by third parties. Since the ways of free use of commercial names are not explicitly stated in the law, the author stresses the need for legislative regulation of these relations by defining the boundaries of state intervention in order to preserve the image of the commercial name. The article emphasizes the relevance of the use of commercial names in the realities of the present and the necessity of defining the theoretical foundations of this process, as well as their practical application. The study was conducted by analysing the existing legislation using existing rules to the modern realities. In this paper, the author examines the problems associated with the cases of free use of the commercial name without the consent of its owner. The scope of legal possibilities, when allowed the free use of the commercial name without the owner's consent, as well as arising in connection with this problem, is determined. The author offers solutions to the problems of theoretical and practical problems that arise in the course of the free use of a commercial name. The article emphasizes the exceptional value of the commercial name, the ways of solving conflict issues arising between the owner of the commercial name and the person that uses it. The author also proposes legislative regulation and establishment of certain norms in the field of commercial law, notes the need for legislative consolidation of the exceptions (limitations) the right of using commercial name.
LAW-MAKING INITIATIVE AS A FORM OF PARTICIPATION OF PUBLIC ASSOCIATIONS IN LOCAL GOVERNMENT IMPLEMENTATION
UDC: 342.553
Section: LAW
Authors: Roman Vadimovich Gornev;
The author considers the law-making initiative as a form of participation of public associations in local government implementation in the Russian Federation. In particular, the author analyzed in detail the norms of the national legislation and municipal regulations that govern the implementation process of law-making initiatives. The concepts of law-making initiatives and entities authorized for its implementation, in accordance with the procedure laid down in different municipalities, are considered separately. During the study, the author concludes that there was insufficient regulation of these issues. Thus, in accordance with the provisions of the federal law and regulations analyzed municipal associations are not authorized to implement the law-making initiatives in the municipalities. According to the author, this prevents the possibility of public associations, as one of the basic institutions of civil society at the municipal level, to participate in the implementation of legislative activity in the municipalities. As a result of studying this problem, the author makes some theoretical conclusions and practical proposals on granting of public associations the authority to implement the law-making initiatives in municipalities. The author formulated the revision of the legal norm, which is proposed to supplement the Federal Law “On General Principles of Local Self-Government in the Russian Federation”. Making these changes revealed by the author fill the gap in the law, with the result that at the legislative level will be assigned a form of connection between public associations and local government. Ultimately, this will positively affect the level of civil society development and democracy in modern Russia.
CIRCUMVENTION OF LAW WITH UNLAWFUL PURPOSE AS A SPECIAL FORM OF ABUSE OF RIGHT
UDC: 347.922
Section: LAW
Authors: Аnna Vyacheslavovna Kuzmina ;
The article examines the history of applying the rules of circumvention of law in making transactions. The author made a conclusion that the prohibition to act in circumvention of law with unlawful purpose, which is mentioned in the new version of article 10 of the Civil Code of the Russian Federation, can't be considered as a new and previously unknown notion of civil law. Therefore such qualification can be applied to the actions which were committed before 1th March, 2013. Special attention was paid to the scientific understanding of circumvention of law as a special form of abuse of right. The prohibition which is provided by article 10 of the Civil Code of the Russian Federation is considered as a general and universal provision; it allows to refuse the person in protection of the right belonging to him or declare of a committed transaction to be invalid on the basis of article 10 and para. 2 of article 168 of the Civil Code. At the same time, it's necessary to apply a teleological interpretation of law, to identify its meaning and the goal pursued by the legislator in time of including in law a mandatory norm which participants seek to circumvent. The author made an analysis of court practice and defined different types of circumvention of law in contract and other civil law relationships. Article 10 of the Civil Code covers not only contracts but any other actions on unlawful exercise of civil law rights. The subject of proof in cases on circumvention of law includes intent of all parties of the transaction to choose such way of achieving a result which would not violate the provision of law, but would nevertheless lead to an unlawful purpose. The general time period of limitation of actions in cases on circumvention of law is established at three year.
PATIENTS' RIGHT TO INFORMATION IN MODERN LEGISLATION
UDC: 61
Section: LAW
Authors: Vladimir Vladimirovich Maslyakov ; Natalya Nikolaevna Portenko ;
The article is devoted to the issues of legal regulation of patient awareness. The patient usually does not have expertise in the field of medicine, so to make a decision he needs reliable information about the causes of the disease, the potential risks, methods of treatment and its results. Only the person who has got vocational medical education, can provide complete and reliable information. The law imposes a duty to inform the patient on a professional. However, there may be questions, such as the patient's personal qualities, his education, the ability to perceive information and adequately evaluate it, and, consequently, to make the decision on the need for medical intervention. Besides, negative information about the health status, in some cases, can cause harm to mentality of the patient, thereby there will be a situation when the received data do more harm, than good. The question is disputable here whether information about adverse effects of treatment, a possible lethal outcome, a disease recurrence, etc. should be brought to the patient. So, as one of the outputs in this situation the legislator proposed to replace the doctor's duty to provide information to the patient, for the provision of such a right.
SYNERGETIC PARADIDM IN THE RESEARCH OF A MODERN POLITICAL PROCESSES
UDC: 321.02
Section: LAW
Authors: Evgenii Valerianovich Suslov ;
Proposed article is devoted to research of abilities of the synergetic methodology in learning of the modern political processes, which in conditions of globalization and impetuous change in sphere of policy acquired a non-capital character. The similar changes extremely complicate analysis of politics generally and also processes of admission of the political decisions and definition of the prospects. Not frequently what is going on leads the researchers to the state of confusion, because it is destroying a habitual picture of the world and loosing the opportunity of a traditional interpretation of happenings in the world of politics from the position of fairly simple schemes. The target of the article is solving of the following problems. Firstly, to specify in what there is complexity of a modern political processes and how it binds a contemporary politicians and political scientists. Secondly, to find out under which circumstances the classical theories of policy continue to keep the own scientific value and what correctives are necessary for using that in a conditions of nonlinear of a modern political processes. As a result of the conducted research the author came to the succeeding conclusions. It is ascertained that a non-capital regularities continue to exist in politics, but that occurs in the area between points of the bifurcation (polybifurcation), when the certain level of stability and order keeps. In terms of a non-equilibrium environment created by the global reality, the synergistic effects appear, when in the bifurcation point a slight impact is able to generate a new structures and trajectory of development. The reasons for the increase of non-linearity, in author opinion, is the simultaneous influence of such limitations as failure of the resources, deficit of the time for decision-making, lack of ability for the citizens to influence on policy in general and on the decision adopting process – in particular.
MECHANISMS OF JUDICIAL PROTECTION OF THE VIOLATED RIGHTS BY THE OMBUDSMAN (ON THE EXAMPLE OF THE REPUBLIC OF MARI EL)
UDC: 342.4
Section: LAW
Authors: Irina Sergeevna Tatarinova; Marina Aleksandrovna Mokoseeva ;
The article substantiates the necessity of the use of regional commissioners for human rights judicial mechanisms of protection of rights and freedoms in courts of general jurisdiction and the Constitutional (Charter) Courts of constituent entities of the Russian Federation. Analysis of law enforcement practice of the Ombudsman in the Republic of Mari El demonstrates that the use only of pre-judicial mechanisms of protection is not enough, especially when it comes to systemic human rights violations, and the violator refuses to implement the recommendations of the Ombudsman. Law enforcement practice of the appeal Ombudsman in the Russian Constitutional Court and the Federal courts very justified. The Ombudsman may request the Constitutional (Charter) Court in case of violation of the rights and freedoms of the individual. In this case the Ombudsman gives the applicant the legal conclusion of violation of the law in a particular case. Also the Ombudsman himself within its mandate has the right to apply to court against the actions of the authority (officials) to protect the rights and freedoms of others. In addition, the Ombudsman is entitled to take part in the proceedings as the applicant's representative by proxy. The article also provides four practical examples of redress in the courts of the Republic of Mari El. It is concluded that the Ombudsman has no practice of dealing with separate applications to the court due to insufficient legal regulation of this procedure. However, as court practice shows, this does not prevent the Ombudsman for office use judicial mechanisms for the protection of the rights and freedoms of the individual. The conclusion is that the Ombudsman in the Russian Federation it is necessary to have sufficient expertise and tools to solve problems in the implementation of individual human rights, establish violations and to use the power granted by the legislator to restore the violated rights.
COMPARATIVE AND LEGAL ANALYSIS OF EDUCATION LEGISLATION IN THE RUSSIAN FEDERATION, THE REPUBLIC OF BELARUS AND THE REPUBLIC OF KAZAKHSTAN
UDC: 37.014(470+476+574)
Section: LAW
Authors: O’lga Leonidovna Shabalina ; Gleb Jur’evich Shabalin ;
This article is devoted to comparative and legal analysis of education legislation in such countries as the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan. The comparative and legal analysis is carried out on the basis of several criteria, reflecting the foundations of the right to education in the three national legal systems. The criteria for the analysis were: the constitutional recognition, the formation of branch of law, the central legislative act in the sphere of education, the basic legal definitions, the subject of regulation in the central legislative acts in the sphere of education, education system and levels of education, language in getting of education and the types of educational institutions. The study reveals similarities and differences, as well as the distinctive features of each national legal system on the considered criteria. The comparative and legal analysis of the right to education in the Constitutions, laws and other normative legal acts of different countries helps to better understand the nature and structure of the law, identify the problems of its implementation, to identify possible solutions
INTER-MUNICIPAL ECONOMIC COMPANIES: PROBLEMS OF LEGAL STATUS
UDC: 334.7:346.2
Section: LAW
Authors: Gleb Jur’evich Shabalin ; Zarina Kamilevna Kondratenko ;
This article is about problems of legal status of intermunicipal economic companies, developed in within inter-municipal cooperation. Legal regulation of intermunicipal economic companies’ status in municipal legislation is considered. The application of outdated legal forms was identified. The comparative analysis between the municipal and civil legal regulation of inter-municipal economic companies was held. The legal conflict between the civil and municipal laws on the subject of the establishing of business societies was identified. The resolution of a conflict between municipal and civil law possible by analyzing the conceptual framework used in the design of the rules, which contradict each other, analyzing the logic of the legislator. In order to improve the legal regulation of inter-municipal economic societies appropriate amendments in the legislation of the Russian Federation were suggested. The imperfection of the legislative design of the alienation of municipal ownership to create economic societies was revealed.
IMPLEMENTATION FEATURES OF THE PRINCIPLE OF VOLUNTARINESS IN INTER-MUNICIPAL COOPERATION
UDC: 342.924
Section: LAW
Authors: Alina Rustjemovna Yamaleeva ;
The article discusses the application of the principle of voluntariness in the implementation of municipal formations of various forms of inter-municipal cooperation stipulated by the Federal law “On General principles of organization of local self-government in the Russian Federation”. The author commits a change to some part of Federal laws to improve the legal aspect of this principle. This article details article of the Federal law No. 131-FZ. This is necessary in order to see what actions in the framework of this law are the right of a local authority and can only take place voluntarily and which are within the competence of the Federal authorities of the Russian Federation. The paper considers different versions of the interpretation of the Federal law № 131-FZ “On General principles of organization of local self-government in the Russian Federation”. The author puts forward the question of applicability of the principle of voluntariness in the implementation of this form of inter-municipal cooperation. The study indicates the opinion of several authors that law violates the very notion of the principle of voluntariness in the formation of municipalities, but creates regularity in the associations of municipalities. In detail having considered the various views, the author comes to the conclusion that the purpose of the Council of municipalities is the protection of common interests of municipalities and, therefore, should amend the statutes of the municipal Councils, since there are adjustments in the Federal legislation. In order to eliminate ambiguity in the interpretation of Federal law, the author proposes to define in the law “On General principles of organization of local selfgovernment in the Russian Federation” legal regulation of public relations arising in the framework of the activities of municipal Councils, and to legislate the special legal status of these entities.
IMPLEMENTATION OF JUVENILE JUSTICE CONCEPTS IN THE PRODUCTION OF JUVENILE IN THE RUSSIAN FEDERATION
UDC: 343.137.5
Section: REVIEWS
Authors: Alexander Aanatol'evich Trefilov ;
[The review of the monograph of the Candidate of Law, Associate Professor L. A. Shestakova “Implementation of juvenile justice concepts in the production of juvenile in the Russian Federation”. M.: Yurlitinform, 2016. 280 p.]