- VESTNIK 1(13) 2018
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- 2018-05-24 11:37:05
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ANNIVERSARY OF THE SCIENTIFIC JOURNAL “VESTNIK OF THE MARI STATE UNIVERSITY”; ROUND-TABLE CONFERENCE FOR EDITORS AND EDITORIALS OF SCIENTIFIC JOURNALS IN KAZAN
«Журнал существует всего 10 лет, но за это вре¬мя он успел завоевать себе сильную репутацию – это подкрепляется признанием научного сооб¬щества России и другими достижениями. Следует помнить, что за большими и малыми делами в области развития науки стоят кон¬крет¬ные люди. Сегодня я выражаю благодарность всем, кто трудится на благо процветания журнала «Вестник Марийского государственного универ¬ситета», – отметил Михаил Швецов. Поздрави¬тельная церемония завершилась вручением почетных грамот всем присутствующим, внесшим свою лепту в становление и развитие журнала «Вестник МарГУ».
FROM CHAOS TO HARMONY. REVIEW ON THE BOOK: SOFIADIS N. F. HARMONY OF RHYTHM AND SOUL. PRACTICAL PHILOSOPHY OF LIVING LIFE. SALONIKI: ΜΑΥΡΟΓΕΝΗΣ Α. Ε., 2018. 264 P.
Authors: Ю. С. Обидина;
Мне кажется, что древние больше постигали своей душой и еще больше видели, чем может усмотреть столько наших современных умов с их проницательностью; ибо древние говорили, что все, что есть здесь, вверху и внизу, – одно и что все связано одной силой и одним согласием природы. Ибо нет ни одного рода вещей, которые могли бы существовать сами по себе, оторванные от других, или же, если бы не было других, могли сохранить свою силу и долговечность. (Цицерон. Об ораторе, 3).
CE FACING PAGES OF “THE WAYS OF LENIN – STALIN” (FROM THE HISTORY OF THE PERIODICAL PRESS OF THE NORTH-EAST REGION OF THE REPUBLIC OF MARI EL)
Authors: Ruslan A. Bushkov;
In the cultural formation of the Mari Autonomous Oblast, created in 1920, as well as throughout the country as a whole, the party and soviet authorities gave an important role to the periodical press, making it the main vehicle for the ideology of socialism in the masses. A number of new local printed publications were established, including national ones, and in addition to them – cantonal and regional. These changes occurred during the period of the Mari Autonomous Oblast in the Nizhny Novgorod (since 1932 – Gorky) region in 1929–1936, one of the industrially developed centers of the USSR. The article is devoted to the history of origin and formation of the regional periodical press of the Northeastern region of the Republic of Mari El. The Mari-Turek and Kosolapov district newspapers “The Way of Lenin” (Lenin Korno) and The Way of Stalin (Stalin Korno) occupied a notable place in the Mari press in the 1930s. They were political, party bodies of the Soviet Union at the local level and published in Russian and in Mari. The article examines their role in reflecting local life, collective and cultural construction in the region, political campaigns conducted by party and Soviet authorities.
KOMSOMOL FESTIVAL SEMYK WITH THE MARI OF BASHKIRIA
Authors: Farida G. Galieva;
The article analyzes the Komsomol festival Semyk organized by the Mari of Bashkiria in May 1923 in the village of Bakhtybaevo in the Birsk Canton. The purpose of this article is to analyze the process of forming Soviet rituals on the basis of traditional, involving both large and small peoples, including the Mari of Bashkiria. The main source for the article was the document of the National Archives of the Republic of Bashkortostan, which characterizes this holiday. The published sources were also used, including the work by researchers of Mari rituals in their historical homeland and in Bashkortostan, the materials of the press of Bashkiria of the 1920s, the manuscript of 1927 by P. M. Mureev, a researcher of the Mari of Bashkortostan. The sources are analyzed by a comparative-historical method. It was revealed that the program of the Komsomol holiday included the same elements as the new holidays of other peoples of Russia: a rally-concert, a rally-performance, lectures on topical social issues, folk and revolutionary songs, folk games, sport competitions. The main organizer of the celebration was the Mari section, which operated under the Birsk uyezd committee of the Russian Communist Party (bolsheviks). The place of the celebration was a large Mari village, which for a long time was an administrative and economic center. The conclusion is drawn that the state took into account the polyethnic nature of the regions when forming the red calendar as a stage of building a socialist culture. The Mari of Bashkiria among other peoples were involved in the process of forming new rituals, although they preserved tra-ditional rituals and holidays. The Komsomol Semyk, like many other Komsomol holidays, was lost by the end of the 1930s, but it contributed to the interna-tionalization and unification of ethnic culture.
HERO AND DEATH: PERSONALITY IDENTIFICATION PROBLEM (ON THE EXAMPLE OF HOMERIC EPICS)
Authors: Julija S. Obidina;
The article reviews epic heroes on the example of Achilles and Odysseus in the framework of building a socio-cultural model of identity in the Homeric epic. The task of the article is to show that the Greek heroes not only express the principle of heroism by their per-sonification, but serve as a marker of the identity of the human principle. For this purpose a comparative analysis of the character of the heroes of the “Iliad” and “Odyssey” and their interaction with both the divine world and the human world was carried out. It is shown that faced with the situation of choice, the heroes make a choice in favor of the human, not the divine, and this is precisely the condition for their heroism. It is emphasized that heroes separate them-selves from humanity through the search for personal goals: Achilles is looking for fame and personal honor, Odysseus is looking for his personality. At the same time, identification with human heroes is realized through the realization of their mortality. It is noted that the blending of the divine and the human in the Homeric epic is used to express the roles of a person living at a time when a person realizes himself first as a person and then as an individual. The conclusion is drawn that the necessity of constant struggle for the existence of one's self, adaptation to the existing values and norms in society is the fate of the human, not the divine.
SOCIAL AND POLITICAL EVENTS IN THE YURINSKY VOLOST OF THE VASILSURSK UYEZD IN NIZHNY NOVGOROD PROVINCE IN 1917 (ACCORDING TO THE MEMOIRS)
Authors: Aleksey G. Oshaev;
The article is based on published memoirs and examines socio-political events in the Yurinsky Volost of the Nizhny Novgorod province in 1917. By the beginning of 1917, Russia was experiencing a deep revolutionary crisis. The discontent of the population with a decline in the standard of living and the ongoing ruinous war turned into a revolutionary movement that led to the overthrow of the autocracy. The letters and the memoirs, perhaps, are the main points of reference in the reconstruction of the multidimensional picture of 1917. They convey the spirit of the revolutionary era to us. The written account of the memories reflects the feelings of the storytellers, conveys the acuteness of social contradictions, the dramatic nature of personal destinies. The actual material of these works is of some value in carrying out today's research on the history of 1917. Interesting materials characterizing the socio-political situation in Yurino in the spring of 1917 are presented in the memoirs. At the end of April, the Yurinsky workers were the first to establish a council in the Mari region. On the one hand, there was a local government (zemstvo) that carried out the orders of the Provisional government, on the other – the revolutionary power of the Soviet, created by the workers and soldiers re-turning from the front. One part of the population followed the zemstvo council, the other supported the Council. Two working organizations emerged simultaneously: Yurino Soviet of Workers' Deputies and a professional union of tanners. Despite some internal disagreements, the Council gradually began to influence the public life. The Soviet power was established earlier in the Yurinsky volost than in its district center - Vasilsursk. Participants in the events noted in their memoirs that Yurino actually turned out to be the center of the revolutionary movement in the district. The memories of eyewitnesses help to better understand the socio-political processes in 1917. Not all the facts of the past are reflected in the documents, this gap is filled with memories. In the presented memoirs, the socio-political events in which the authors of the memoirs took part are mostly covered. Some of the authors of memoirs had a low educational level, so sometimes they allowed simplified descriptions of events, and sometimes even naive judgments. Materials of personal origin – specific sources, where distortion of facts is possible and there is not always accurate estimates. It is important the mood of the hero himself, the particular details of his life, everyday worries, attitude to individual phenomena. The use of ego-documents in research contributes to a deeper scientific analysis of the socio-political processes of 1917.
SOCIO-POLITICAL THOUGHT ON SLAVERY ON THE EVE OF THE CIVIL WAR IN USA
Authors: Andrej V. Tajgil'din;
The article deals with the ideas of supporters and opponents of slavery in the United States on the eve of the Civil war. In 30th–50th years of the nineteenth century this question was the most acute in the American States. The Northern and Southern States treated slavery differently for economic, political and social reasons. The ideological struggle started on both sides: the northerners criticized slavery, the southerners defended it. This struggle involved not only politicians, but also northern industrialists, southern planters, farmers, journalists, writers, public figures, scientists, priests, etc. The purpose of the article is to show the diversity of ideas and their irreconcilable contradiction, which in the end was one of the causes of the Civil war – by the example of aboli-tionists (William Lloyd Garrison, Levi Coffin, Frederick Douglass, John Brown) and supporters of slavery (John Calhoun, George Fitzhugh, William Lowndes Yancey, Samuel Cartwright). The sources allowed to make a conclusion, that the issue of slavery, with rare exceptions, was based on purely economic and political considerations. Only a few fanatics, both from North and South, and black abolitionists were motivated by ideological considerations. Unlike the defenders of slavery, the activities of abolitionists seemed illegal to many Americans during the period under the review. In the same time, many political leaders used the question of slavery as a political banner.
FOREIGN EXPERIENCE OF COPYRIGHT REFORM
Authors: Farit F. Gaisin;
The article describes the foreign experience of copy-right reform and application of this experience in Russia. The problems of copyright are touched upon. Unlike the United States and many other coun-tries, Canada's copyright law prescribes a mechanism in accordance with which orphan works can be used. This state exists since 1988 and allows the Copyright Board to grant licenses for the use of published works, if the copyright owner can not be identified. The countries of Europe that are members of the Berne and the World Convention generally have similar principles for the protection of copyright. In 2015, the publication of a draft copyright change project in Switzerland called for the introduction of new effective measures to combat piracy without harming and criminalizing the user. As stated in the draft, he is directed to the “strategy for the diverse interests of the cultural sector, the scientific commu-nity, authors of works, protected legislation, and con-sumers in general”. In Russia, as in other countries, legislation is based on the Berne Convention. Unfortunately, today the state is more focused on strengthening the protection of copyright, as evidenced by the latest legislative initiatives. In 2013, Federal Law No. 187-FZ “On amending the legislative acts of the Russian Federation on the protection of intellectual rights in information and telecommunications networks” was adopted, which allowed the blocking of resources containing unlicensed content at the request of the right holder. After that, the largest torrent of the Russian-language network Rutracker. org was blocked. The next steps to reform the system are its decriminalization, that is, a limited severe punishment for the illegal use of works, the introduction of the concept of fair use and free licenses, as well as restrictions on the activities of societies for collective management of copyright and the denial of use of DRM.
PROTECTION OF COPYRIGHT IN RUSSIA
Authors: Farit F. Gaisin;
The article describes the process of copyright the article describes the process of copyright protection in Russia. The problems of copyright protection are considered. Namely, the features of copyright protec-tion in the Internet. Protection of violated or disputed copyrights is carried out not only by civil law, but also by public-law means. However, strengthening of public-legal economic methods of influencing violators (increasing fines instead of terms of imprisonment or correctional labor) does not lead to a significant reduction in copyright violations. Therefore, the measures of influence on civil law offenders continue to be the determining means of protecting both property and personal non-property and other rights belonging to the author. In other words, there is a dominant civil law for the protection of violated or disputed copyright. In civil law there is no norm on registration of created works. The lack of the subjective copyright holder can in some cases significantly hamper their defense. Direct confirmation of affiliation to the author of these rights would only serve the certificate on the state registration of copyright. However, current legislation does not contain special provisions that would be required for the recognition of any, including photographic works, subject to copyright and to grant him adequate protection. The question of proving authorship for photographic works and works obtained in ways analogous to photography, and audiovisual works is not yet decided at the legislative level. Under the civil law, moral damage is compensated in monetary form. In the Russian legislation there is no clear legal regu-lation of the Institute of compensation for moral damages and determine the amount of money to be recovered.
FEATURES OF PUBLIC CONTROL IMPLEMENTATION
Authors: Tatiana N. Mikheeva;
Public control is a new democratic institution that allows civil society to control the activities of the government. The aim of the study was to identify the most popular forms of public control. Public inspection, public examination, public monitoring were analyzed and critically evaluated during the research. Obvious gaps in the current legislation in the sphere of public control are revealed as a result of research. Thus, the object of public monitoring is inaccurately defined. It applies only to monitoring of the activities of the authorities. In this part, some proposals were made to extend public monitoring to legal acts adopted by these bodies. The legal status of the public inspector is only regulated in general terms. The law defines the subject of public examination as unclear. The public expert was not given the right to express a dissenting opinion in the final document. These legal gaps have been evaluated in the study, but they have also become the basis for proposals to improve the basic law on public control. The proposals formulated are practical in nature, since they greatly simplify the application of the law.
TO THE ISSUE OF PUBLIC CONTROL FORMS
Authors: Denis S. Mikheev;
The ways of public control implementation fixed at the domestic legislation represent only a part of world practice. The author analyzes the possibilities of public participation in control of authorities which have reflection in legal literature, including the European charter of local government. The domestic legislation in the sphere of public control is submitted contradictory. It is established the discrepancy of the forms and subjects of public control fixed in the law. An assessment is given to forms of interaction of institutes of civil society with the public and municipal authorities. They are public discussions and public hearings though this circle is represented to wider in practice. Essential omission of the law is the total absence of mentions of methods of imple-mentation of public control. For giving to the law of working capacity concrete additions are offered. They can have a positive impact on realization of legislative rules and popularize it among citizens, public associations.
ESSENCE AND IMPORTANCE OF THE INSTITUTE OF STATE ACCUSATION IN THE LEGISLATION OF THE CIS MEMBER STATES (IN THE REPUBLIC OF BELARUS, THE RUSSIAN FEDERATION, THE REPUBLIC OF KAZAKHSTAN, THE KYRGYZ REPUBLIC)
Authors: Viktoriya V. Peshkur;
The author of the article determines the role of the prosecution in the activity of the prosecutor in maintaining the state accusation, indicates the rele-vance of the topic under investigation, which is due to the significance of the prosecution. All the activities of the public prosecutor in the trial of criminal cases in the court of first instance are based on prosecution. The purpose of the study is to clarify the essence of the prosecution and form on its basis the definition of public prosecution. To fulfill this goal, an analysis is made of the various points of view of scientists, as well as the provisions of legislative acts of the CIS member states. Particular attention is paid to the comparative-legal study of the criminal procedure legislation of the Republic of Belarus, the Russian Federation, the Republic of Kazakhstan, the Republic of Kyrgyzstan. In the context of the activities of the Prosecutor's Office for the implementation of interna-tional legal cooperation, these concepts are explored within the framework of the Model Law of the CIS member states. Based on the results of the analysis of the provisions of the legislation of the Republic of Belarus, the definition of public prosecution was formulated and presented. On the basis of the study, conclusions were drawn about the controversial nature of the term “prosecution” and the need to consider it in a broad sense, taking into account material and procedural significance.
ON THE ISSUE OF LEGISLATIVE ORGANIZATION OF PROCEDURAL ORDER OF ELECTION PRECISION MEASURES IN CRIMINAL PRE-TRIAL PROCEDURES
Authors: Svetlana A. Yakovleva; Anastasiya S. Kutyanina;
The authors of the article draw attention to the lack in the criminal procedure law of the proper consolidation of the procedural mechanism of judicial control in the pre-trial criminal process. It is proposed to establish a clear procedure for applying the official who is investigating the criminal case to the court with a petition to select a preventive measure, for which a judicial decision is necessary, and the court selects such a preventive measure. Each stage of this complex procedural mechanism must ensure compliance with the constitutional rights of citizens. According to the authors' opinion, the following steps should be established in the procedural mechanism of the court's selection of a preventive measure in pre-trial criminal proceedings: 1) decision by an official investigating a criminal case to initiate an application for a preventive measure before a court; 2) approval of an application with an official performing departmental procedural control; 3) issuance of the decision by the official investigating the criminal case, with a list of procedural documents drawn up during the investigative and other procedural actions involving the suspect and the accused, requiring the acquaintance of the suspect, the accused and their counsel; 4) referring these decisions to the court with documents that justify the person's involvement in the commission of the crime and the choice of a preventive measure; 5) direct consideration of the application by the court in a closed court session; 6) issuing one of the specified resolutions by the court in the advisory room: a) on the satisfaction of the petition and choosing the measure of restraint, or b) refusal to satisfy the petition and choosing another preventive measure for which a judicial act is required, or c) refusal to satisfy the petition. The proposed procedural order of choosing a preven-tive measure in criminal pre-trial procedures will create conditions not only for the realization of the rights of the suspect and the accused, but also for the adoption by the court of a lawful and justified decision. The number of cases of abuse of rights by the defense counsel and subjects of criminal jurisdiction should be reduced. The system of choosing a preventive measure proposed by the authors, for which a judicial decision is necessary, will ensure the observance of the secrecy of the preliminary investigation of the crime.