VESTNIK 4(16) 2018
- Title:
- VESTNIK 4(16) 2018
- Number:
- 4
- Year:
- 2018
- Date publication on the site:
- 2019-02-18 15:37:28
- Full journal in PDF:
-
Content all 14
TSAREVOKOKSHAYSK WOMEN’S GYMNASIUM IN 1913
UDC: 37-055.2"19"(470.343)
Section: HISTORY
Authors: Irina V. Almeteva; Arina Yu. Almeteva;
in 1913. This educational institution played a significant role in the development of public education, which in
the territory of the region was represented by elementary secular and religious schools, elementary vocational
schools and secondary educational institutions. The developing school system, associated with the introduction
of universal education at the beginning of the 20th century, needed trained teaching staff. For this purpose, first a
women's progymnasium was opened in the city of Tsarevokokshaysk, which was later transformed into a gymnasium.
Great attention was paid to the training of female teachers, who were supposed to be models of piety,
morality, patriotism, have a sense of duty and responsibility, and then develop the same qualities in their students.
Relying on archival and published materials, using problem-chronological, comparative and statistical methods, it was found out that the Tsarevokokshaysk women’s gymnasium was very popular. At that time,
248 female students, most of whom belonged to the peasant class (61. 5%) studied at this school. In 1913,
the first graduation from the eighth pedagogical class took place. Three out of eleven graduates, expressed a desire
to continue their studies at the higher courses, while the rest became teachers of elementary schools in Tsarevokokshaysk
district. On October 21, 1913, a new, specially adapted stone building was built for the training of
young pupils, which contributed to the improvement of the material and technical base of the women's gymnasium.
This educational institution was of great importance not only for residents of the city and district, but also for the
entire Mari Region. It not only gave secondary education to its graduates, prepared them for admission to higher
educational institutions, but also became the cultural center of life of the city and district.
DEVELOPMENT OF SOCIAL WORK IN SLOVAKIA
UDC: 902.03.29
Section: HISTORY
Authors: Elena V. Krysova;
Introduction. The article presents a brief history of social work in Slovakia. The development of institutions
of assistance and mutual assistance, charity, the formation of a social care system, as well as socio-economic
and cultural factors led to the emergence of social work as a special sphere of professional practice and necessitated
the training of personnel in special educational institutions in the XX century. The aim of the article is to
consider the main stages of social work formation in Slovakia in the context of paradigm shifts and the professionalization
of social work. Results and discussion. It was determined that the early forms of help and care
were manifested in care and desire to improve the situation of the needy, to help one’s neighbor in accordance
with Christian ethics. It was found that in the historical development of social work there was a change of
subjects of social assistance. The secular paradigm of social work became the leading one in the XX century.
The professionalization of this field of activity began with an analysis of the accumulated experience, the established
base for the theory of social work, the opening of the first schools for training specialists in the field
of social work, the formation of professional ideology and the emergence of professional associations of social
workers. Along with the awareness of the activities of social workers as vocational and theoretical training came
the understanding of the idea of the “help object”, which laid the foundation for the specialization of social work
with the categories of the population. Conclusion. The article allows to widen the representation of students,
teachers and the interested readership about the history of social work in foreign countries.
INDIVIDUAL AND SOCIETY: FORMS OF PERSONAL REALIZATION IN THE MIDDLE AGES (BASED ON THE MATERIAL OF FRANCE XIV CENTURY)
UDC: 94(44).026
Section: HISTORY
Authors: Margarita V. Kuzmina;
The article is dedicated to the problem of personality formation and the forms of individual self-expression in the
Middle Ages, according to the historical material of France of the XIV century. Using the approaches developed
by psychological science, the author talks about the specific forms of personal self-expression in the Middle
Ages, indicating the hidden inner work of any individual on himself and on transformation of himself and
society. According to the author’s opinion, argumentation, interpretation and confession are the specific forms
of realization of medieval personality. Nevertheless, it’s possible to talk about the act of deviant behavior as
a specific form of self-expression of the individual, whose behavior depends on many reasons of both external
and internal nature. The author assumes that the existing gap between the prescribed behavior and reality
allowed individuals to build their own line of behavior, inevitably deviating from the samples and at the risk of
being “expelled” from society. However, this, in our opinion, is the personal approach to solving problems associated
with the implementation of life strategies. In this connection, one can speak about a person with a minus
sign, deviating not only from the Christian ideal of behavior within certain limits (which was inevitable and
natural), but also violating the social order and thus placing himself outside the framework of society. From this
it follows that the ways of realization of the medieval personality had rather diverse and not always acceptable
forms, but, nevertheless, these were forms of self-expression of a personality with features specific to the Middle
Ages. The author tries to confirm these provisions on the historical material.
CHURCH AND RELIGION IN CREATING A UNIFIED EUROPE (FROM THE HISTORY OF THE FORMATION OF THE FIRST “EUROPEAN” CHRISTIAN PROJECTS)
UDC: 94(4)”04/14”:27+1:316
Section: HISTORY
Authors: Elena V. Lezhnina;
In recent years, the growth of ethno-confessional conflicts has been observed all over the world, in connection with
which the question of the role of religion in integration processes is being increasingly raised in modern Europe.
In particular, the scientific interest in the history of European integration has increased, starting with the period
that is identified as the period of the formation of the “European idea”, up to the present, the epoch of the
emergence and development of the European Union. The purpose of this article is to study the earliest stage
of development of European integration ideas, from the IV to the XIV centuries, from the beginning of the
adoption of Christianity as the state religion of the Roman Empire until the crisis of medieval Christianity and
the emergence of humanistic projects and the birth of the first secular projects of the union of European states.
This period is characterized by the supremacy of the Christian church in the spiritual and political life, the
union and unification of the management system of European nations, the formation of a common European
Christian culture and worldview. At the same time there was a confrontation between the two centers of
Christianity, on the one hand, and between the spiritual and secular authorities, on the other. The movement
from the Christian Ecumenical Theocracy, with its center in Europe to a union of secular European states,
is also an important feature of the period. The study is based on the principles of historicism and scientific
objectivity, historical genetic, comparative-historical scientific methods. The article presents a study based
on an interdisciplinary approach.
“MANIA” IN ANCIENT GREEK CULTURE: THE EVOLUTION OF MADNESS IN THE HISTORICAL AND RELIGIOUS-ANTHROPOLOGICAL CONTEXT
UDC: 94
Section: HISTORY
Authors: Yuliya S. Obidina;
The article discusses the idea of mania (madness) in the Ancient Greek culture of the archaic and classical epochs.
The empirical base of the research is represented by the ideas about mania in the texts of Homer, Hippocrates, and
Plato. It is noted that, in contrast to modern ideas, madness refers to the manifestations of the rational rather than
the pathological. It is emphasized that in the texts of Homer there is no idea of a single organ responsible for the
insane state, but already in the era of the classics, there are two traditions, connected with dualistic notions,
according to which Plato would define this organ as the soul, and Hippocrates – the body. The use of new methodological
approaches based on the ideas of evolutionism and neo-emergentism, as well as connectionism, which
represents the evolution of functionalism, made it possible to show the evolution of ideas about mania not
in a linear, but in a multidimensional context. It is noted that the folk tradition preserved the conceptual definition
of mania, not separated from normality, as expressions of pre-rational and rational aspects, while in the philosophical
and naturalistic context the meaning of the term mania gradually changes and becomes more rational,
especially in Plato and Hippocrates. It is concluded that the ancient Greeks already distinguished between positive
madness, above all, prophetic and mystical, and negative madness, interpreted by Plato.
PROFESSOR OF MOSCOW STATE UNIVERSITY LUDMILA PAVLOVNA LAPTEVA’S CONTRIBUTION TO THE DEVELOPMENT OF DOMESTIC SORABIAN STUDIES
UDC: 001-051:94(497.1)
Section: HISTORY
Authors: Kirill V. Shevchenko;
Studies in the field of History and Culture of the Sorbs of Lusatia (Germany) were an essential part of the scientific
heritage of the Honored Professor of Moscow State University and Charles University in Prague, Ludmila
Pavlovna Lapteva. In her academic studies L. P. Lapteva paid special attention to the national revival of Lusatian
Sorbs in the XIX century and their inter-Slavic contacts, primarily with the Czech Republic and Russia.
Based on her studies, Professor Lapteva came to a conclusion about the great role of external factor in the Sorbs’
struggle for their self-preservation as an authentic Slavonic ethnic group. Numerous academic works
of L. P. Lapteva became an important part of the scientific legacy of domestic Sorabian Studies.
THE CORRELATION OF THE STATE AND THE PERSON SENTENCED TO IMPRISONMENT
UDC: 348.8
Section: LAW
Authors: Stanislav A. Vasilev;
The relationship between the state and the person is a complex system of influence of these subjects on each other.
At various intervals, such social interaction takes place with varying degrees of intensity. However, after the
commission of the crime, the state begins to influence such a person closely with a view to his subsequent correction,
what is possible with varying degrees of success, and the present work is dedicated to the assessment of this process.
Despite the fact that after a series of reforms, the situation in the field of the execution of penal sanctions somewhat
stabilized, problems regarding the unlawful attitude of the penal correction system staff to convicts began to arise,
which may indirectly indicate a peculiar failure in the correlation of special subjects – individuals with the state, represented
by correctional institutions and their employees. Conceptual understanding of the questions of the relationship
between these subjects is potentially capable of positively influencing the situation. In preparing this work, a number
of methods and approaches were used, including general scientific methods of cognition, methods of studying legal norms, as well as attempts at their meaningful improvement. As a basis for conducting this study, the theory
of the correlation of subjects of constitutional legal relations, developed by the author earlier, applied to the sphere
of execution of criminal penalties in the form of imprisonment, was used. The results obtained in this study can be
used in the preparation of the next changes in the current legal regulation on the subject under consideration and
serve as a basis for scientists dealing with similar problems, for a conceptual rethinking of the relationship between
the state and the person, including the sphere of the execution of criminal penalties in the form of imprisonment.
TOPICAL ISSUES OF SURROGACY IN MODERN INTERNATIONAL PRIVATE LAW
UDC: 341.8/1
Section: LAW
Authors: Inna G. Garanina;
The article deals with the actual issue of regulation of the institution of surrogate motherhood in modern international
law from the point of view of private law regulation. It reveals the types of surrogate motherhood - altruistic and
commercial. In particular, the author notes that surrogacy refers primarily to the process by which a woman
deliberately becomes pregnant with a child whom she does not intend to keep as a child, as in most cases she
carries a child for the intended parent or couple of parents, usually because they cannot do it without her. The article
discusses transnational surrogate motherhood, the use of which leads to complex and often contradictory rules
concerning the basic issues of family law relating to the foundations of motherhood, fatherhood, custody,
guardianship and the rights of children. The article suggests that the usefulness of international private law for
the resolution of disputes arising from the relations of transnational surrogate motherhood is problematic and
debatable. Despite the almost universal care for children born as a result of surrogate motherhood, some states that
prohibit the institution of surrogate motherhood refuse to grant citizenship to children born under surrogacy programs.
The author also touches upon such a controversial issue as the possibility of using a surrogate mother in same-sex
couples. The institution of surrogacy is considered by the author from the point of view of the implementation
of reproductive human rights. Surrogate motherhood also implies the regulation of the rights of the child
in accordance with the UN Convention on the Rights of the Child. The rights of the child must be respected without any discrimination. Although this provision was originally intended to protect illegitimate children,
its comprehensive nature implies the application, including of children born of surrogate motherhood.
PUBLIC SERVICE IN A CONSTITUTIONAL STATE
UDC: 35.08
Section: LAW
Authors: Sergey V. Dergachev;
In the article the constitutional and legal connection of the legal state formed in Russia with the implementation
of the principle of publicity in the activity of state and public institutions is considered. The specified connection
is caused, according to the author, by means of institution of public service which functioning has to be considered not
so much in the administrative and legal, as in the constitutional and legal space.
LEGAL PROBLEMS OF THE FUNCTIONING OF THE EURASIAN ECONOMIC UNION
UDC: 341:33
Section: LAW
Authors: Elena F. Dovgan'; Marina A. Mokoseeva;
With the entry into force of the Treaty on the Eurasian Economic Union (EEU) dated 05.29.2014, the EurAsEC
and the Customs Union within the EurAsEC ceased to exist. The EEU was created as an international intergovernmental
organization. The legislation of the EEU member states does not regulate the mechanism of implementation
of the EEU acts on their territories. Despite the fact that the legislation of the Republic of Belarus fixes the
possibility of adopting normative legal acts for the implementation of not only international treaties, but also
other international legal acts, there is no mechanism for their development in the law of the Republic of Belarus.
Currently, there is no legislation regulating the implementation of acts of international organizations in the
Russian Federation. The purpose of the study is to identify the problems of implementation of the EEU acts
in the territory of the EEU member countries. In the course of the study, the Treaty on the Eurasian Economic
Union, the decisions of the High Council and the Intergovernmental Council of the EEU, as well as other regulatory legal acts of the Russian Federation and the Republic of Belarus were studied and analyzed. As a result,
the authors came to the following conclusions: the EEU authorities adopt a significant number of acts of different
levels and directions; the Treaty on the EEU allows the EEU to conclude international agreements with third
parties; member states are allowed to conclude international agreements within the EEU; the EEU Treaty does
not directly establish the legal force of decisions of the High Council and the Intergovernmental Council of the
EEU. At the same time, the analysis of the Treaty on the EEU allows us to conclude that they are binding. Thus,
the results of the study are the basis for the formulation of proposals for improving the mechanism for implementing
acts of the EEU in the national legislation of the Russian Federation and the Republic of Belarus
in order to improve the functioning of the country's legislation, strengthen the unity of the legal space, protect
the rights and legal interests of an individual.
PROBLEMS OF THE APPLICATION OF CRITICAL DISCOURSE ANALYSIS IN CONSTITUTIONAL LEGAL RESEARCH
UDC: 342
Section: LAW
Authors: Natal'ya F. Kovkel;
The article examines the features of the use of critical discourse analysis in jurisprudence. The author identifies
the following problems in the development of critical analysis of constitutional legal discourse: the absence
of a developed theory of legal discourse, the correlation of constitutional legal discourse with various discourse
practices, interdisciplinary and critical nature of discourse analysis.
PECULIARITIES OF INTERNATIONAL LEGAL COOPERATION IN THE FIGHT AGAINST CYBERCRIME WITHIN THE EU
UDC: 341.1/.8
Section: LAW
Authors: Nataliya O. Moroz;
Introduction. Constant improvement of the forms and methods through which transnational cybercrimes are
committed demands a systematic approach to combating these unlawful acts. Taking into account the intensification
of integration in the post-Soviet space within the framework of the EAEC and the CSTO, peculiarities of the
cooperation in combating cybercrime within the EU are of considerable academic interest. Purpose. Identify
prospects for the application of instruments available in the framework of the Common Foreign and Security
Policy of the EU to combat illegal acts committed with the use of information and telecommunication technologies.
Materials and methods. The EU treaties, acts and reports of the EU bodies, as well as doctrinal sources
were studied during the research. The author applies general methods of scientific knowledge (dialectical, inductive,
deductive), as well as particular scientific methods used in law studies – comparative-legal and formal-legal
methods. The results of the study. The article analyzes legal framework for criminal law harmonization of the
EU member states in the fight against various types of cybercrime, and also determines peculiarities of international
cooperation regulation in this field. It is stated that the EU uses a systematic approach to coordinate the
cooperation of the EU member states in the fight against cybercrime, which has legal and institutional components.
Conclusion. The specificity of the secondary law acts content that regulate cooperation of the EU member states in the fight against cybercrime has been revealed. It has been established that the EU member states may
ask to implement the measures provided in Art. 222 of the Treaty on the Functioning of the EU, including, inter
alia, exploit military potentials of these states to respond to certain cybercrimes. Criteria of the crimes, activating
the application of art. 222 of the Treaty on the functioning of the EU, are systematized.
CONSTITUTIONAL PRECEDENT AS A WAY TO PROTECT SOCIAL RIGHTS OF CITIZENS
UDC: 34.09
Section: LAW
Authors: Ol'ga L. Shabalina; Sergey Yu. Tselishchev;
Introduction. The article deals with the aspects of the application of the constitutional precedent in the judicial
protection of social rights by the citizens of the Russian Federation. The purpose of the research is to form a
comprehensive scientific understanding of the application of constitutional judicial precedent in the practice
of the higher courts in cases concerning the protection of the social rights of citizens. Materials and methods.
The research is based on the study of the Constitution of the Russian Federation, Federal legislation in the field
of education and social security. The central place in the article is taken by the analysis of positions of the highest
legal authorities. Research methods are general scientific and private scientific, including formal logical methods
(analysis, synthesis). Results. The evaluation of the theoretical justification and practical experience of the
constitutional precedent in the protection of citizens’ social rights was given. Conclusion. It is revealed that
restrictions on the implementation of social rights cannot be based on the implementation of other constitutional
rights, in particular, the right to travel outside the state. The corresponding precedent was created in acts of
constitutional justice and found application in practice of the Supreme Court of the Russian Federation.
CRIMINAL PROCEDURAL REGULATION OF THE ELECTION AND APPLICATION OF MEASURES OF RESTRAINT IN THE FORM OF RECOGNIZANCE NOT TO LEAVE AND PROPER BEHAVIOUR
UDC: 343.85
Section: LAW
Authors: Svetlana A. Yakovleva; Anastasiya S. Kutyanina;
Measures of restraint are considered by the authors in a system as they are interrelated and have common purposes
and objectives, common legal features, and for election and application of measures of restraint the general
bases and general circumstances established according to Article 97 and Article 99 of the Criminal Procedure
Code of the Russian Federation are considered. The measure of restraint is chosen in respect of the suspect,
accused, defendant as persons subjected to criminal prosecution. The purpose of election and application of
recognizance not to leave and proper behaviour subscription in the system of measures of restraint is to create
conditions for proper preliminary determination of circumstances of the crime committed, and the person who
committed it, of judicial resolution of the criminal case, the execution of a sentence or the issue of extradition of
the person. The criminal procedure law assigned to court the obligation upon termination of judicial resolution of
criminal case on the merits, in the operative part of the conviction to indicate the measure of restraint in respect
of the convicted person before the entry of the sentence into force. This legislative requirement doesn't allow
officials to substitute a measure of restraint in the form of recognizance not to leave and proper behaviour with
an obligation of appearance as another measure of procedural coercion. Besides, the violation of the person’s
obligation of appearance provided for by Art. 112 of the Code of Criminal Procedure of the Russian Federation, isn't
the basis for the election and application of more strict measure of restraint. The obligation of appearance, not being a measure of restraint, in case of absence of the grounds provided for in paragraphs 1, 2, 4 of Art. 46 of the
Code of Criminal Procedure of the Russian Federation, isn't a legislative basis of emergence of the procedural
status of the suspect. The authors believe that the duty of an official to elect and apply preventive measures
against a person brought to criminal responsibility in all criminal cases for crimes of minor gravity, for crimes of
medium gravity, if there are no grounds for choosing a more stringent preventive measure, should be fixed.