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VESTNIK 2(10) 2017

Title:
VESTNIK 2(10) 2017
Number:
2
Year:
2017
Date publication on the site:
2017-07-17 08:52:28
Full journal in PDF:

Content all 14

PORTRAIT GALLERY OF WRITERS IN THE FINE ARTS OF THE MARI REGION (1950–1980s)
UDC: 75.011.2
Section: HISTORY
Authors: Valentina E. Kutasova ;
The article is devoted to the picturesque paintings by Mari artists A. S. Pushkov, A. I. Butov, A. P. Za-rubin, B. I. Tarelkin, which relayed in their work the portraits of writers and poets of the Mari region. The aim of the study is to examine the reflection of the creative intelligentsia of Mari people – writers and poets in the fine arts of Mari El of the 50–80s of the last century. The artists worked for the Ministry of culture of the Republic, who purchased the National Museum of the Republic of Mari El named after T. Evseev and the National Museum of fine arts. The following portraits became the materials of the study: “Chavain on the river Ilet”, the group portrait “Mari Writers”, “Writer Michurin-Azmekey”, “Portrait of Columb” by A. I. Butov, “Portrait of Mari writer Tynysh Osyp” by A. S. Pushkov, “Portrait of poet S. Vishnevsky” by A. P. Zarubin, “Kim Vasin” (sketch for the portrait) and “Mari linguist and historian Kim Vasin” by B. I. Tarelkin. The artists adhered to the dominant principle – they conveyed amazing individual signs of the appearance of persons known to the reader. They realized their artistic intentions in order to show the level of personality of cultural subjects. Their representation has shown us a means of artistic expression for the whole era of the cultural development of the Mari people. They approved a respectful attitude to people of intellectual work, to colleagues, interlocutors, friends. Artists themselves are invisibly present on the canvases, talking with them.
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MARI STATE PEDAGOGICAL INSTITUTE NAMED AFTER N. K. KRUPSKAYA: THE YEAR 1934
UDC: 378/6(470.343)(09)
Section: HISTORY
Authors: Aleksey G. Oshaev ;
This article attempts to study one of the first years of formation of the first University of the Republic of Mari – 1934. At that time, the Director of the Mari State Pedagogical Institute named after N. K. Krupskaya was D. N. Kitaev, which has made a great contribution to the development of the University. Dmitriy Nikolaevich had good organizational skills, enjoyed great authority among teachers and students. The main purpose of creating a pedagogical institute was to provide with qualified teachers the schools that open in the region. The formation of the Institute took place in difficult socio-political conditions and coincided with an ambitious reform of the whole educational system of the country. In 1934, in accordance with the decision of the People's Commissariat of Education of the RSFSR, the reorganization of the structure of the Mari Pedagogical Institute occurred: faculties headed by the deans appeared instead of departments. In the same year, recruitment to the Teachers' Institute for accelerated teacher training at the Mari Pedagogical Institute was announced. The paper considers the issues of organization of educational and research work, the formation of the material and technical base of the Institute. A challenge for teachers was the development of curricula and plans for all disciplines. The formation of the teaching staff went in difficult conditions of reforming the educational process and replenishing the contingent of students. The management of the university paid much attention to the quality of the students' preparation, strict attendance of the classes was conducted. One of the most important directions of the work of university teachers was research work. Plans for scientific work were approved and reports were adopted at the meetings of the Institute's Council chaired by the director of the Institute. At that time, the universities were closely associated with political institutions and were intended for training the spirit of Marxist ideology. Therefore, an important role in the public life of the Institute played Komsomol and Trade-Union organization of students. In the first years of existence of the University leaders had to solve difficult issues related to strengthening the material and technical base. The repressions of the 1930s, which were traversed by the fate of many teachers and directors of the institute, caused considerable damage to the development of the Institute.
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MARI-HUNGARIAN CULTURAL COOPERATION IN THE 90'S OF THE XXTH CENTURY
UDC: 327(470.343+439)
Section: HISTORY
Authors: Vladimir I. Rybalka ;
The article examines a number of measures undertaken in the early 90s of the 20th century by the Government of the Republic of Mari El, by public organizations, to restore friendly ties between twin-regions and for further expansion and strengthening of Mari-Hungarian cultural cooperation. In April 1992, a delegation headed by the chairman of the regional self-government, Dr. Gyula Pusztai, arrived in Yoshkar-Ola to sign an agreement on cooperation between the Republic of Mari El and Vas County of Hungary. The delegation included the rector of the Sombathei Pedagogical Institute named after D. Berzheni, Dr. Janos Pustai, who met with the leadership of the Mari State Pedagogical Institute named after N. K. Krupskaya and the Faculty of the history and philology of the Mari State University, he held talks at the Ministry of Education of the Republic. In accordance with the signed agreement, the cultural and information exchange between Mari El and Vas region increased, the mutual acquaintance with the spiritual wealth of ethnically close peoples expanded. In the early 90s of the last century, a series of international cultural events were held in Mari El. The holding in October 1991 of the Days of Related Finno-Ugric Peoples was of great importance for strengthening the friendship of the Mari and Hungarian peoples, strengthening and expanding the contacts of all branches of Finno-Ugric peoples. They began to be celebrated annually. In October 1999, the capital of Mari El hosted events dedicated to the 10th anniversary of the proclamation of the Republic of Hungary. The first visit of the head of the Hungarian state, the President of the Republic of Hungary, Arpad Gönz, which was the first in the history of the Republic of Mari El to establish cooperation in both economic and humanitarian fields, served as a matter of establishing and strengthening bilateral state and cultural ties.
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MAGIC OF COMMUNICATION IN FUNERAL RITES OF THE RUSSIANS OF VOLGA KAZAN REGION
UDC: 39(4/9)
Section: HISTORY
Authors: Nadezhda V. Rychkova; Guzel' R. Stolyarova ; Ol'ga N. Danilova;
The presented article considers some aspects of traditional funeral ritual of one of the local ethno-territorial groups of the Russians – the Volga Russians. The article is based in field data obtained by the authors during ethnographic expeditions in the Republic of Mari El and Tatarstan; scientific and local lore literature was also used. Expedition material was collected, mainly, by conducting in-depth interviews, also methods of observation and video fixing were used. The main elements of funeral rites are described in detail: the main stages of the rite, the participants and their sex role behavior, the ritual elements of the guarding magic used, are revealed. Some transformations of the ritual, as well as the consequences of the cultural interaction of Russians with other ethnic neighbors have been singled out. The study attempted to identify in the funeral-memorial ceremony features, both inherent in the Russian as a whole, and due to ethnoterritorial specificity.
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RURAL COMMUNITY AND LAND QUESTION: CHANGES IN DISTRIBUTION FUNCTIONS AT THE END OF THE XIXTH – THE BEGINNING OF THE XXTH CENTURIES
UDC: 947(470.34)
Section: HISTORY
Authors: Anatolii A. Solovev ; Alexey A. Ivanov ;
The article, based on archival and published sources, examines the role of the rural community of Vyatka province in the land relations of the late XIXth – early XXth centuries. Vyatka province was a polyethnic region with a predominantly peasant population. Here the Russians, Udmurts, Mari, Tatars, Komi-Permyaks and other peoples of the Russian Empire lived together. An analysis of the land community of Vyatka province revealed regional and ethnic features of the evolution of the rural community in conditions of penetration of market relations into the traditional rural economy. On a broad factual basis it was established that the change in the role of the rural land community in the late nineteenth and early twentieth centuries was facilitated not only by the high demographic growth of the post-reform decades, the consequences of the global agrarian crisis and the crisis of the three-field, but also by the gradual penetration of commodity-money relations and the growth of the resettlement movement from the Vyatka Village. In the late 80's and early 90's of the XIX century, due to the depletion of soils and the crisis of the three-field, ownership of land was perceived by the peasants as a duty, and the frequent refusals of peasants from land allotments and mass resettlements led to a weakening of the rural land community institution. Despite the measures taken by the government of Alexander III to support the rural community, the deepening crisis of the three-field led not only to weakening the equalizing and relocating functions of the rural community of Vyatka province, but also outlined a new function – the organizer of the spread of multi-field farms with the initiating role of the zemstvo self-governing bodies. All this made it possible to strengthen the institution of the rural community on the eve of the Stolypin reforms.
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ANALYSIS OF LIFE STYLE OF PEOPLE THROUGH PAINTING: HISTORICAL ASPECT
UDC: 75.03
Section: HISTORY
Authors: Marija V. Stafievskaya ; Elizaveta A. Minina ;
Art, acting as a reflection of the movement of human culture, exists autonomously and is comparable to a certain living organism, a variation of the eternal, as long as this world exists. Painting is an ancient art that has been going through many centuries a certain long way, including the original rock paintings of the Paleolithic to this day. Huge spiritual treasures are accumulated during the development of painting. In the ancient era, there was a desire to reproduce the real world in such a way that a person sees it. Painting has a wide range of possibilities for the embodiment of the plan from realism to abstractionism. The life genre is one of the oldest genres of fine art, which originated in the era of European antiquity. The art of genre painting has always attracted artists with its life-likeness. The transient value of works of domestic genre is not only in their artistic expressive, but also in universal values. To this genre we include everyday painting, graphics and sculpture. The purpose of the article is to present the results of an empirical socio-psychological study of paintings by artists of different eras on the basis of formal and content indicators. The article reveals how life affects the formation of a person. Life is the daily life of a person, during which his needs for food, clothing, communication are met, and spiritual wealth is assimilated. In addition, the concept includes rest and entertainment. The real action of the methodological complex of research principles of the general, individual, whole and particular, showing the methods of social psychology, the psychology of perception, and the analysis of the language of spatial arts is shown.
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IMPLEMENTATION OF MORAL AND LEGAL PRINCIPLES OF REASONABLENESS, BONA FIDES AND FAIRNESS IN CIVIL LEGAL RIGHTS OF DIFFERENT COUNTRIES
UDC: 347.1
Section: LAW
Authors: Edita Yu. Antsyferova;
The article investigates the principles of good faith, reasonableness and fairness in the foreign countries. The relevance of the study is determined, in particular, by the acute need for a legal definition of the principles of good faith, reasonableness and fairness in the Civil Code. The interest in the scientific and practical study of these principles in civil law is caused by a variety of reasons, and in particular by the fact that the legislator does not disclose the content of these principles in the Civil Code. This circumstance, taking into account the moral and legal nature of the categories in question, gives law enforcement officials the opportunity to interpret them in different ways, to implement their various interpretations. European theory has not worked out uniform approaches to the concept and order of application of these principles. Within the framework of national legal systems, many monographs, that describe and characterize the specifics in applying the principles good faith, reasonableness and fairness and articles, have been published. In the course of the work, a comparative analysis of the principles of conscientiousness, justice and reasonableness in Ancient Rome and their current state, revealing general and special characteristics was carried out. We can talk about the similarity of concepts, but also about their different interpretations. Today, the Belarusian, Russian or Western law does not have a definition of good faith, reasonableness and fairness in civil law. Principles of law determine the General orientation, high quality and effectiveness of law-making and prorealtime practice in any civilized society. That is why, there are such a great importance has an objective and comprehensive study of this phenomenon, both on the General theoretical and sectoral level of jurisprudence. Therefore, it is necessary to fix the definition of these principles in the Civil Code of the Republic of Belarus and the Russian Federation.
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PROBLEM OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS ON THE INTERNET
UDC: 347.78:004.738.5
Section: LAW
Authors: Farit F. Gaisin;
This article discusses the issue of protecting intellectual property rights on the Internet. The necessity of copyright protection in the network in order to maintain the prosperity and development of the state is identified and justified. The article says that personal rights to a work on the Internet can be violated by assigning authorship to a work, incorrectly indicating the author's name when placing a work, making corrections to it without the consent of the creator. Property copyright is most often violated by profit from the use of creative work by a person who does not have the right to earn a work. Often the violation of personal and property rights on the Internet is interrelated. It is emphasized that the protection of copyright in the Internet still has no legal coverage in various bills of our state. The need to develop and to discuss security issues on the Internet is a significant topic in our time. Serious attention to this problem people have to pay relatively recently, when the “world wide web” became commonplace for a person. The number of violations of the rights of the author or other rightholder on the Internet is growing year by year. Since in conditions of fierce competition it is faster and easier to steal someone else's intellectual property and make a name for yourself rather than create one's own. The relevance of this topic lies in the fact that, unfortunately, the protection of copyright on the Internet still has no legal coverage in various bills of our state. Today, copyrights on the Internet and ways to protect them are one of the most topical issues.
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FEATURES OF UNILATERAL REFUSAL OF THE CUSTOMER OF PERFORMANCE OF THE STATE (MUNICIPAL) CONTRAC
UDC: 346.3
Section: LAW
Authors: Anastasia V. Kamaeva ; Olga V. Burashnikova ;
The article examines the legitimacy and the customer's duty according to the Federal law of 05.04.2013 No 44-FZ “On the contract system in the sphere of procurement of goods, works, services for ensuring state and municipal needs” to refuse unilaterally from the execution of the state (municipal) contract, as well as the possibilities of the conditional and unconditional refusal of the customer to perform the contract. The study analyzed the possibility of unmotivated unilateral refusals by unfair customers from contract enforcement and abuse of the right. The authors considered, as an example, turnkey contracts and paid rendering services. The understanding of the appropriate notification of the supplier (the contractor, the performer) about unilateral refusal of performance of the contract is reflected. The cases fixed by the legislation when the customer is obliged to refuse performance of the contract are specified. Necessary conditions for competent refusal of performance of the contract and necessary order of adoption by the customer of the decision on unilateral refusal of performance of the contract are considered. The contracts, data on which are not reflected in the register of contracts, are considered. The authors analyze modern judicial and arbitration practice and explanations of competent public authorities on the matters. Special attention is paid to admissibility of unilateral refusal in the absence of violations from the performer. The authors drew conclusions on theoretical and practical interest of this article.
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PROBLEMS OF CONTESTATION PUBLIC BIDDING
UDC: 346.5
Section: LAW
Authors: Anastasia V. Kamaeva ; Olga M. Fominykh ;
The article deals with the problems arising in law enforcement practice of contestation public bidding in the framework of executive proceedings. Bidding is understood as a complex legal structure, which includes a number of transactions and other legally significant actions. The signs of violations, which may be grounds for the recognition of public bidding as invalid, as well as the circle of persons who have the right to challenge the results of bidding, are determined. Based on the analysis of judicial practice and theoretical research, the authors developed recommendations on the choice of an appropriate method of protection in case of violation of rights and legitimate interests as a result of public bidding with violations of the law. The litigation in the judicial or administrative order of certain transactions that are part of public bidding is possible only in cases where the auction is not conducted. Subjects of restitution under a contract concluded on invalid bidding are the buyer of property and the state body authorized to sell the arrested property, and not the debtor for enforcement proceedings. If the contract concluded at the auction is executed and the parties are not able to return to their original position, it is necessary to sue for recovery of losses, and not to contest the bidding. The violations committed by the bailiff before the start of the bidding procedure can not entail the invalidity of the latter. The article justifies the possibility of invalidating failed public bidding if certain conditions exist.
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PUBLICITY AT PUBLIC DISCUSSION OF PURCHASES
UDC: 346.5
Section: LAW
Authors: Denis S. Mikheev; Julia S. Yaichnikova ;
The problem discussed in the article doesn't lose relevance for the last years because purchases of goods, services for the state and municipal needs are one of the most corruption-related spheres. Here, as nowhere, it is necessary to publicly conduct all procurement procedures. The analysis of the new regulatory legal act regulating the introduction of obligatory public discussion in the sphere of purchases became the purpose of the work. The author considered all stages of public discussion, the list of its participants, their competences. At the same time the essential factors creating corruption risks in the procedure of obligatory public discussion are revealed. For example, according to authors, the list of the participants allowed to public discussion is incomplete. The most active and independent public structures are outside this list. We mean public chambers of all levels and public councils at public authorities and local government, as they are not legal entities. At the same time the analysis of the provided subjects gives the chance to doubt their full independence. Such entities as “any legal entities” can lobby the interests of potential suppliers of purchased services, which are seen as opportunities for corruption manifestations. Introduction of additions and changes in a part of subjects of obligatory public discussion became scientific novelty of the research. The practical importance of the offered additions is that they expand possibilities of participation in discussion of the procedure of purchases of public sector, create conditions for publicity in this sphere.
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PROBLEMS OF LEGAL REGULATION OF EXPERTISE OF NORMATIVE LEGAL ACTS AND THEIR PROJECTS IN SUBJECTS OF THE RUSSIAN FEDERATIO
UDC: 340.131
Section: LAW
Authors: Marina A. Mokoseeva ;
This article explores the specifics of the examination of laws and other regulatory acts, their projects in the subjects of the Russian Federation. The issues of determining the subjects of the examination, the features of the object of the examination, the purpose and objectives of the examination, the quality of the expert activity, as well as the legal regulation of expert activities and the accounting for the results of its implementation are analyzed in the article. Particular attention is paid to the implementation of anti-corruption expertise and consideration of the results of the expert opinion. In the article, on the example of various subjects of the Russian Federation, the experience of regulatory regulation of examination of laws and other normative legal acts and their projects is considered. Particular attention is paid to the practice of examination of regulatory legal acts in the subjects of the Russian Federation. The comparative legal method is actively applied. The result of the study was the conclusion that further improvement of legislative regulation of expertise is necessary in the subjects of the Russian Federation. The article proposes to expand the rights of independent experts to obtain information on plans for norm-setting activities of public authorities; to detail the rights of subjects of examination, as well as the objects of its conduct; to increase the requirements for independent experts; legislatively fix the responsibility of an independent expert for the preparation of a deliberately false expert opinion, for the abuse of the right to conduct an examination.
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PECULIARITIES OF THE PARTICIPATION OF THE REPUBLIC OF BELARUS IN INTERNATIONAL COOPERATION IN ENSURING INFORMATION SECURITY
UDC: 341.1/8(476)
Section: LAW
Authors: Natal'ja O. Moroz ;
The article explores two forms of participation of the Republic of Belarus in international cooperation in the field of information security: conventional and institutional forms. The characteristics of the international treaties of the Republic of Belarus in this sphere are considered. The author concludes that these international agreements cover two areas of cooperation: countering military and political threats in information sphere, as well as international cooperation in the fight against high-tech crime. The article reveals the uncertainties contained in these international treaties, points out the need to expand the participation of the Republic of Belarus in international treaties regulating the cooperation of states in combating high-tech crime. In addition, the article defines the role of the Republic of Belarus in improving international regulation of cooperation in the field of ensuring information security in the post-Soviet space. When investigating the participation of Belarus in the activities of international organizations, it is noted that the Republic of Belarus takes an active stand advocating the need for deeper international regulation of cooperation in the field of ensuring information security. In the author’s view, the best results of practical cooperation of the Republic of Belarus in ensuring information security have been achieved within the framework of the Interpol and the Collective Security Treaty Organization.
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FOREIGN POLICY OF THE EUROPEAN UNION IN RELATION TO RUSSIA IN THE MODERN PERIOD
UDC: 341.17:341.21(470)
Section: LAW
Authors: Andrei A. Utyatin ; Viktoriia V. Semenova ;
The article is devoted to a topical issue of developing relations between the European Union and the Russian Federation in the context of sanctions regime. The basic legal documents defining the foreign policy of the EU and Russia were analyzed. Primarily, a Global Strategy for the European Union’s Foreign and Security Policy and the Concept of the Foreign Policy of the Russian Federation. In the article the analysis of the indicators of the European Union’s foreign trade with Russia was also conducted. The EU restrictive measures and the Russian food embargo led to the reduction of trade turnover between the two key players of the Eurasian continent and to the slowing down their development. Despite some difficulties in the Russian-EU relations, the EU remains the main trade and economic partner of Russia, while the Russian Federation is also one of the top five trading partners of the EU. The positions of the EU citizens on the expediency of the anti-Russian sanctions were studied. The research shows the residents of the EU member states believe from a geopolitical perspective that sanctions are necessary as the leverage on Russia to change its position on the Ukrainian crisis. Besides, the article identifies the EU member countries with the highest and lowest percentage of the population supporting sanctions against Russia. This area includes a consideration of the opinions of the European politicians who recently visited Russia. At the present time the state of relations between the European Union and Russia is quite complex, however, the parties continue to hold a dialogue on a number of issues concerning bilateral relations and global development. Russia and the EU are interested in strengthening cooperation, particularly in the field of education, culture, environment, energy, and business.
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