VESTNIK 1(9) 2017
- Title:
- VESTNIK 1(9) 2017
- Number:
- 1
- Year:
- 2017
- Date publication on the site:
- 2017-05-04 10:42:39
- Full journal in PDF:
-
Content all 16
EVICTION OF LANDOWNERS FROM THE MARI AUTONOMOUS OBLAST IN THE 1920'S
UDC: 930.923
Section: HISTORY
Authors: Alexey A. Ivanov; Anatolii A. Solovev;
Based on the archival sources, that are put for the first time into scientific circulation, the article deals with the issue of the organization of the activities of the Mari
Oblast Commission on the eviction of landowners (1925). The place and the role of the commission in changing the agrarian course of Soviet Russia in the middle of the NEP period are determined. The study shows the specificity of the pre-revolutionary land management of the Mari Oblast (the absence of large landed estates) and its reflection
in the course of events, in particular – community-based organizations of the local rural population. The real motives of the activities of the commission and its results are shown. The place and significance of newly identified sources in the comprehensive study of agrarian transfor-mations in the Soviet pre-kolkhoz village of the Mari
Autonomous Oblast in the 1920s were determined. The article specifies that during the years 1917–1918 the agrarian reform on the redistribution of landed property on the
European territory of the country, beginning with a secret procedure, and then, after the establishment of the Soviet power, having passed into the official channel, was almost completed. The fate of the former landowners and their family members differed. Not all of them were evicted from the places of their former residence. According to statistical surveys of the first half of the 1920s, a significant part of the “formers”, having significantly reduced their economic potential and standard of living, remained at the same place, which allowed the Soviet land legislation. However, this situation was relatively brief. Already in 1925, as the results of the work of the Mari Oblast Commission
on the eviction of landowners showed, both explicit and secretive individual entrepreneurship in the agricultural sector of the economy was completely eliminated in the territory of the region. The main group of peasants, tradi-tionally called “middle peasants” in historiography, was now the main agricultural producer of the village of
the period of the new economic policy. They remained so until the end of the 1920s, together with a small number of more affluent villagers (“kulaks”).
AUSTRO-HUNGARIAN PRISONERS IN THE FIRST WORLD WAR IN THE DISTRICT TOWNS OF KAZAN PROVINCE (GUBERNIA)
UDC: 94(100)"1914/1919"-058.65
Section: HISTORY
Authors: Galina V. Rokina ;
The article deals with the issue of military captivity during the First World War. The study analyzes the poorly studied aspect of the topic: position of the prisoners of the Austro-Hungarian monarchy in provincial district cities of the Russian Empire. During the First World War, massive surrender was most typical of the Austrian army. The Austro-Hungarian troops lost in captivity more than two million people. The article presents the results of studies by Russian military anthropologists on the national composition of the army of the Habsburg monarchy. Particular attention is paid to the Austrian Slavs, the attitude to which was regulated by a special circular in Russia during the war. The archival materials show the situation of refugees, internees and prisoners of war located in the district cities of the Kazan province – Tsarevokokshaisk and Kozmodemyansk, accommodation centers, from where part of the refugees were distributed to local volosts.
ACTIVITIES OF THE GOVERNING BODIES OF THE MARI ASSR FOR IMPROVING THE WORK OF RURAL CULTURAL AND EDUCATIONAL INSTITUTIONS AFTER THE WAR
UDC: 008(470.343)
Section: HISTORY
Authors: Vladimir I. Rybalka ;
In this article, based on archival sources, the budget and the material base of cultural and educational institutions in the post-war period are considered. During this period, rural clubs and reading rooms were staffed mostly illiterate, untrained staff, and were not centers of mass political and educational work in the village. To better manage the network of cultural and educational institu-tions, in May 1946 the departments of cultural and educa-tional work were created at the district executive commit-tees of the Soviets of working people's deputies, and the Office for cultural and educational institutions under the Council of Ministers of the MASSR. It was a state body and it was called upon to perform the functions of guiding and monitoring the work of educational institutions. Six-month training courses for reading rooms and rural clubs, National lecture Bureau were organized; lecture groups with district departments of cultural and educa-tional work were created. At the September (1953) Plenum of the Central Committee of the CPSU, it was noted that all the activities of cultural institutions should be closely related to life, production, and practical tasks. Every village club, library, red corner is obliged to render active assistance to collective farmers in the struggle for the implementation of the tasks put forward. The most important task of cultural and educational institutions was to became propagandists of advanced experience and achievements of science. In the 1950s, large, economically strong collective farms of the Mari Republic could build public buildings, cultural and educational institutions on a large scale, and more fully satisfy the spiritual demands of the peasants. It was then that important decisions were taken by the Council of Ministers and the Ministry of Culture of the Mari ASSR, republican congresses and meetings of cultural workers were held, which examined the issues of improving the activities of cultural and educational institutions in the countryside.
INFLUENCE OF RUSSIAN-HUNGARIAN RELATIONS ON HISTORICAL AND CULTURAL SPACE OF THE CITY OF YOSHKAR-OLA
UDC: 911.37
Section: HISTORY
Authors: Marija V. Stafievskaya ; Daniil A. Zhukov ;
In recent years, the image of the city of Yoshkar-Ola is rapidly changing. Old buildings disappear, new architec-tural complexes and sculptural compositions grow in their place, boulevards and parks are reconstructed, and their names are also transformed. Through studying the names of streets and squares, parks, buildings and monuments, we leaf through the pages of a distant and recent past. This combination creates a unique historical and cultural appearance of the city. The appearance and affirmation of Hungarian toponyms in the speech not only enriches our language, but also contributes to the expansion of our
horizons, to awareness of ownership of their history and culture. Unfortunately, our city cannot boast of the identity of the names of its streets and squares. Typical for any Soviet city names Sovetskaya, Proletarskaya, Krasno-armeyskaya, Komsomolskaya, Pervomayskaya – still point to the value priorities of the Soviet state. New microdistricts quite often received their names by the numbers: First, Second, Ninth. However, among this monotony, we can distinguish a number of original toponyms of Hungarian origin that appeared in the urban landscape in the 1970s: the unique Vashkaya street, the Szombathely microdistrict, the Savaria store. They successfully blended into the toponymic system of the city and today, in our opinion, favorably differ from the typical names of the era of
socialism. Thus, there is reason to believe that the emer-gence of Hungarian names in the capital is associated with the development of cultural and political ties between
related Finno-Ugric peoples, and their steady presence
in speech is due to motivation, expressiveness and ease
of use, which was a hypothesis in the relevance of the study. The article reveals the results of studying the influ-ence of Russian-Hungarian relations on the historical and cultural space of the city of Yoshkar-Ola.
SLAVIC QUESTION IN “THE CONFESSION” OF THE RUSSIAN ANARCHIST BAKUNIN
UDC: 329.285
Section: HISTORY
Authors: Andrej V. Tajgil'din ;
The article covers the revolutionary actions of the Russian revolutionist and anarchist Michael Aleksandrovich
Bakunin during the 40s of the 19th century and his views on the idea of the Slavic union. These problems are
regarded in the context of “The confession”, which was written by Bakunin in 1851 in the Petropavlovskaya fort at the request of Nikolay I. The intention of the article was to show Bakunin's role in the revolutionary movement of Europe of the 40s of the 19th century and the place and role of the Slavic ideology. Being based on this resource we can come to the conclusion that the revolutionary
activity of Bakunin is strongly connected with the Slavic union. At that time Bakunin hadn't become an anarchist yet, nevertheless he was one of the few people who denied the union of the Slavic under the aegis of any country – Poland, Bohemia or Russia. On the Slavic congress
in Prague in 1848 Bakunin spoke about the need to create a federation of Slavic states based on political equality.
In “The confession” it is easy to notice the evolution
of Bakunin’s views on the Slavic question that begins with the simple idea of uniting Poland and Russia
and ends with the creations of a Slavic federation
in Constantinople.
PARKING PLACE: PROBLEMS OF THEORY AND PRACTICE
UDC: 347.214.2
Section: LAW
Authors: Anton V. Bydanov ;
In the article, we are looking through the recent updates in
civil law, establishing in it a definition of so called
“car place”. In addition, we are looking through foreign
experience of existence of similar objects, and some
possible problems connected to their appearance. The aim
of research is to analyze updates in civil law concerning to
the definition of car place and to make clear the problems
of theory and practice which are connected to it. As this
update is characterized by most of the researches as
particularly controversial, it is clear, that the theme of
research is actual. Excretion of the spirit and purpose of
parking space as a new property will highlight the weaknesses
of the legal phenomenon and will help to suggest
possible ways of resolving conflicts. Another important
part of the study is the use of some of the developments of
foreign law scientists. To achieve this goal federal laws
relating to the aforesaid issues have been used, also scientific
articles, the number of which in recent years has
tended to increase. However, it should be noted that at
present the issue of question does not yet have sufficient
scientific illumination. The study is based on the dialectical
method of scientific cognition of phenomena of reality,
which reflects the relationship of theory and practice.
Justification provisions, conclusions and recommendations
carried out by the integrated use of the following
methods of socio-legal research: the analysis of the literature
and regulatory framework, the analogy method,
system-structural, classifying, summarizing, comparative
legal, formal and legal, logical, historical. As a result of
the study a number of possible amendments to legislation
aimed at more detail and accurately resolve problems
related to the reckoning parking place to the objects
of real estate have been proposed.
PROVIDING AND OBSERVANCE OF THE RIGHTS AND LEGITIMATE INTERESTS OF SUSPECT WHEN ELECTING RESTRAINT MEASURESIN THE FORM OF BAIL, HOUSE ARREST, DETENTION
UDC: 343.126
Section: LAW
Authors: Alina I. Winogradova;
This scientific article is devoted to such problematic issue
as providing and respect for the rights and legitimate
interests of the suspect when electing a measure of
restraint in the form of detention, pledge, house arrest
in the Russian Federation. The article deals with legislative
guarantees for ensuring and observing the rights, freedoms
and legitimate interests of the suspect and the problem
of their implementation. An objective of this research
is studying and detection of features and problematic
issues of providing and respect for the rights, freedoms
and legitimate interests of the suspect of criminal trial of
the Russian Federation. In this article the main legislative
guarantees of providing and respect for the rights, freedoms
and legitimate interests of the suspect, such as, for example,
right to the qualified legal aid, participation of the defender
in criminal trial and presence of control powers at the head
of investigative body concerning activity of officials who
conduct preliminary investigation are considered. In this
article the author considers the constitutional complex of
the rights of the suspect to whom refer the rights for judicial
check of legality and validity of the coercive measures
applied to him and some other the rights affirmed in 46,
21, 23, 25, 26, 28, 33, etc. articles of the Constitution
of the Russian Federation. Besides the constitutional rights
of the suspect, the legislator in the Code of Criminal
Procedure of the Russian Federation has concluded
guarantees of the rights of the criminal trial suspected of
a form of the principles, for example, of a presumption of
innocence, respect of honor and dignity of the personality,
etc., in the most criminal procedure form, and also
in a complex of the granted rights.
TO THE ISSUE OF THE METHODS OF PROTECTING THE OWNERSHIP TO LAND PLOTS
UDC: 347.235
Section: LAW
Authors: Zarina K. Kondratenko ;
The author considers actual problems of legal regulation
of protection of property rights to land plots. In particular,
the work raises the issue of collecting damages as one
of the ways of protection, investigates the real-legal means
of protection and others. The author examines contemporary
civil and land legislation, gives examples of judicial
practice on the issue under study. Conflicts are revealed
in the existing legal regulation of protection methods,
the points of view of other authors on the definition of
the concept of “means of protection” are analyzed.
The aim of the work is to create a holistic view of the
current problems of legal regulation of the use of property
rights to land plots. Methods of research are public and
private, including formal-logical methods (hypothesis,
analysis, synthesis, deduction, induction). Among special
methods historical, legal and technical, intersectoral,
comparative legal, systemic and other methods of scientific
knowledge are applied. The practical significance of
the research is that the results can be used for the purposes
of lawmaking in order to improve the norms of land and
civil legislation. Separate provisions can be perceived
by judicial practice when considering and resolving cases.
Scientific proposals can be applied also in the preparation
of programs, manuals and in the courses “Civil Law”,
“Land Law”. The results of the study are the conclusions
that currently in law enforcement practice there is
a problem related to compensation for harm caused to the
environment, which is compensated in accordance
with the established procedure and timing of the calculation
of the amount of damage. To determine the amount
of compensation for damages caused as a result of damage
to land as an object, special methods used in some cases.
It should be noted that when determining the amount
of damage, it does not correspond to the actual harm
caused. We believe that in this case it is necessary to be
guided by the actual costs necessary to restore the
disturbed state of the land plot, taking into account
the losses incurred, including the lost profit.
ACTUAL PROBLEMS OF REGULATION RELATIONS IN THE BUILDING CONTRACT
UDC: 657.36
Section: LAW
Authors: Oleg I. Lashmanov ;
The article is devoted to the research of the essential conditions
of the building contract. Construction disputes
have traditionally been a significant part of the cases that
are considered by Russian courts. In general, such disputes
relate to the payment of work performed by the contractor,
the customer's claims regarding their quality or timing of
implementation. In this case, the parties often dispute the
essential terms of the contract. In order for the agreement
to become beneficial for both parties, it is necessary to pay
special attention to agreeing all the essential conditions
and including them in the signed contract. Such attention
to the drafting of the agreement is the key to successful
mutual relations and the protection of the parties, and
it is able to prevent possible disagreements in the future.
As a rule, the majority of conflicts between the parties are
connected with the inconsistency of the essential conditions
and the recognition of the contract as not concluded.
At present, the contracting party needs to very carefully
agree on the terms of the contract to minimize the risks
of abuse of the right by the counterparty. The essential
conditions are of particular importance here, since their
absence in the contract or the incorrect wording may
lead to the recognition of the contract as not concluded.
The essential terms of the construction contract include the
object and the term. In addition, a separate place in the
work is given to the issues of the agreement of the price of
the building contract. The article reveals the problems that
arise when concluding a building contract and the ways of
their solution are proposed.
FEATURES OF LABOUR REGULATION OF EMPLOYEES UNDER 18 YEARS OF AGE ACCORDING TO THE RULES OF INTERNATIONAL AND FOREIGN LAW
UDC: 342.553
Section: LAW
Authors: Svetlana A. Leontjeva ;
The article is devoted to the basics of the legal regulation of the labor of persons under the age of 18 years by the current norms of international and foreign law. In the world, including in Russia, the growing trend in the num-ber of working children is observed. Teenagers, by virtue of their psychophysiological characteristics, represent a special category of workers. In this regard, the topic of the peculiarities of the legal regulation of the labor of persons under the age of 18 is at present actual and of scientific and practical interest. The article reveals the peculiarities of the legal regulation of labor of this category of persons, as well as related problems. The study examines the experience of legal regulation of work of minors in the Federal Republic of Germany, the United States of America
and Estonia. Based on a comprehensive system analysis
of foreign law rules, it is established in which countries
the rights of persons under the age of 18 are respected
and protected the better way. The existing separate short-comings and gaps in the labor legislation reduce the effec-tiveness of the application of legal norms for the protection of the labor rights of minors. The article gives recommendations on the elimination of legal gaps and
the improvement of Russian labor legislation.
LEGISLATIVE IMPROVEMENT OF PUBLIC CONTROL
UDC: 342.55
Section: LAW
Authors: Tatiana N. Mikheeva ;
Public control is an essential tool in the relationship
between government and civil society in modern democracies.
However, this public institution has not yet
received a legal settlement in many countries. At the same
time, the Federal Law “On the basis of public control
in the Russian Federation” has been adopted for about
three years and is valid in Russia now, some experience
of its practical application has been accumulated, some
legal gaps have been revealed. Today, it is already clear
that it is necessary to make additions to the law, and
to change existing norms. This was repeatedly raised
questions by both scientists and practitioners. The purpose
of the study is to analyze the draft law aimed at improving
the legal basis for public control. One of the tasks is
to evaluate the proposed changes from the standpoint
of their adequacy to the challenges of the time. Therefore,
the proposed legislative novels in terms of expanding the
list of the subjects of public control, which are clearly
insufficient in the current law, are analyzed in the work.
The study also analyzed the legal norms concerning
the objects of public control, the changed notion of public
control. Another task of the study is the development
of author's proposals for the improvement of the legal act,
which need to be included in the draft law. A complex
of various methods of cognition is used in the study.
General scientific and special legal methods were among
them: analysis, synthesis, formal and legal and systemstructural
methods. The methodological toolkit allowed
to achieve the set goal and to solve the research problems.
The conclusions of the work are not only of a scientific
nature, but also of interest for the practice of public
control, for improving the interaction of government
bodies with public institutions, citizens.
PROBLEMATIC ISSUES OF THE PROSECUTOR'S PARTICIPATION IN TRIAL STAGES OF THE CRIMINAL PROCESS
UDC: 343.16
Section: LAW
Authors: Sergej V. Novozhilov;
This article, based on available normative and procedural
sources and scientific works, contains analysis of the
procedural status of the prosecutor as an official of
the public prosecutor's office in the judicial phase of the
criminal trial, its main functions are defined. The article
touches upon the issues of current involvement of a prosecutor
in judicial stages of criminal trials based on analysis
of functions of a prosecutor. Contradictions that arise
in existing procedural rules and practice of a prosecutor
are defined. Results of a conducted analysis of problems
and ambivalent interpretations of the procedural law
have performed. This article emphasizes functions
of prosecutor in the trial stages of a criminal lawsuit, that
go under part 3 of the criminal procedure code of the
Russian Federation “Judicial proceedings”. In the final
part of the article, solutions to the issues of involvement
of a prosecutor in judicial stages of criminal proceedings
are proposed, including specific proposals of necessary
legislative measures.
METHODS OF IMPLEMENTATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS “ON THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION”
UDC: 321.02
Section: LAW
Authors: Il'nar M. Nurmukhametov; Natal'ja A. Epanechnikova ;
The article is devoted to the problems of applying the
norms of the European Convention on Human Rights in
the field of freedom of expression in national legislation.
The work defines the right to freedom of expression.
The purpose of the study is to identify the content of the
right to express opinions, as well as to determine
the methods used to protect this right. The main methods
are expert analysis and comparative analysis of judicial
practice, namely the norms of international and private
law are analyzed and compared. Judicial practice on
the implementation of the right to freedom of expression
is considered. The main problems associated with the
issue of the application of the norms are highlighted, and
ways of their solution are suggested. The article defines
the boundaries for the lawful dissemination of information
containing the opinion of a certain person, namely,
a distinction was made between the subjective evaluation
and dissemination of information affecting the honor
or dignity of the individual. As a result of the research,
the role of the principle of conscientiousness of a person
in expressing an opinion is defined, it consists in delineating
the subjective attitude towards a person and morality.
The study also indicated the importance of the factual
substantiation of the expressed opinion, which consists
in arguing the position with sufficient and justified arguments,
confirming the right to protection from infringement
or vice versa, proving the absence of violation of the
rights of other persons. As a result of the study, we have
identified the following methods of proof: philological
examination, which allows to evaluate the content of
the text, the proof of the role of the object in society,
whose rights could be violated, bringing evidence of
adverse consequences and so on.
NATIONAL SECURITY IN THE RUSSIAN FEDERATION: THEORETICAL-LEGAL RESEARCH
UDC: 340.113
Section: LAW
Authors: Dmitrij E. Svistunov ;
The article examines the theoretical and legal bases of
national security of the Russian Federation. The author examines the concept of national security, as well as the main approaches to understanding its essence. The study suggests a dialectical solution to the problem of correlation of various approaches to the interpretation of the
notion of “national security”, which allows us to remove contradictions and opposition of these components
of national security. According to the author's approach, the human person is the initial element of the society and the state, therefore, its security is inextricably a part of
the state and public security. At the same time, the person is interested in ensuring state security, in general, since only in this case its own security will be guaranteed.
On the basis of a comprehensive analysis of the research literature, it is concluded that in modern conditions,
in the presence of numerous external and internal chal-lenges and threats, only the preservation of strong and stable statehood makes it possible to ensure a proper level of protection of the legitimate rights and interests of
the individual. In addition, the study analyzes the structure of the national security of the Russian Federation, which provides a deeper understanding of the essence of national security. Speaking about the structure of national security, we can allocate its constituent elements, in particular,
the object, the subject and the content. The author
suggests the interpretation of national security as
a complex state-legal institution, which includes a set of
legal mechanisms aimed at ensuring the proper protection of the individual, society and the state in various fields. Finally, it is concluded that under the conditions
of the modern legal democratic state, the state and public interests in the sphere of proper national security are
inextricably linked with the respective interests of citizens living in it.
CONCEPT AND CHARACTERISTICS OF FAMILY RELATIONSHIP
UDC: 347.6
Section: LAW
Authors: Jel'mira N. Sharafutdinova ;
A healthy, strong family is the guarantee of stability
and prosperity for any society. The family is that social
structure in which, first of all, the reproduction of man as
a member of society takes place. It is in the family that
the person's worldview is initially formed, and his social
qualities are formed. The family is called upon to play
an exceptional role in the life of society, its stabilization,
overcoming social tension. By its nature and purpose,
the family is an ally of society in solving the root
problems: overcoming depopulation, establishing moral
principles in society, socializing children, developing culture
and economy, and family entrepreneurship. However,
the family's potential is not being implemented effectively.
The most important task of the family policy should
be the development of mechanisms and technologies that
make it possible to actively use the capabilities of the
family as a public institution in solving complex problems
of the development of our society. Until now, an extremely
unfavorable situation in the field of population reproduction
has been taking shape in the Russian Federation.
This can be described as a prolonged demographic crisis
leading to irreversible negative demographic, and hence
economic and social consequences. The country's
leadership drew attention to this problem. In his message
to the Federal Assembly, the President of the Russian
Federation proposed to declare 2008 the Year of the
Family in Russia. We can say that these events have
allowed to unite the efforts of the state, society, business
around the most important issues of strengthening
the authority and support of the family institution, basic
family values. This statement emphasizes the relevance
of issues related to family relations. At present, it is
necessary to raise the prestige of motherhood and
paternity, to create conditions that favor the birth and
upbringing of children. The problem of low fertility can
not be solved without changing the attitude of the whole
society to the family and its values. Measures to create
conditions favorable for the birth of children, contributing
to the reduction of mortality, should be implemented
simultaneously.
ON LEGAL DEFENDER MEANS OF QUALIFIED LEGAL AID WHEN APPLUING MEASURES OF PROCEDURAL COERCION
UDC: 343.13
Section: LAW
Authors: Svetlana A. Yakovleva ; Sergey Nikolaevich Krivorotov ;
The Constitution enshrines the right of a suspect or
accused to receive qualified legal assistance. Despite the
fact that it has been nearly 20 years since the designation
of the problem of interpretation of concept “the qualified
legal aid” in the decision of the constitutional Court
of the Russian Federation from January 28, 1997,
the issue of the interpretation of qualified legal assistance
is not allowed to date. Skilled legal assistance on the
scope and content is a broad concept, as it turns out, many
of the participants in criminal proceedings. Protection
of rights and legal interests of suspect, accused, defendant,
convicted person by the advocate of the person, is one of
the types of qualified legal assistance. In pre-trial criminal
proceedings the amount of the criminal procedural activity
of the defender of the number of lawyers has identified
the measures necessary to protect the interests of the
suspect and the accused. To prevent unlawful and unjustified
limitations on the rights of suspects and accused
persons, the authors propose to extend individual
protections in criminal proceedings, since the legislator
has not taken into account the various situational circumstances.
Speaking about criminal procedural protections
in pre-trial criminal proceedings, the authors emphasize
the direct and active participation of the defender in all
the procedural actions conducted with the participation
of the accused, especially in the application of detention
of a suspect and preventive measure in the form
of pledge, house arrest, detention, restrictions on freedom
of movement and personal integrity. The need for
legislative recognition of the duty of awarding the
defender of the copies of procedural documents on the
application or on election of measures of criminal
procedural coercion will avoid procedural errors and the
implementation of the principles of criminal proceedings,
not affecting protected by criminal law, the secrecy of
the preliminary investigation.