- VESTNIK 1(17) 2019
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- 2019-05-14 15:08:30
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SLOVAK SUBJECTS ON THE PAGES OF THE VOLGA REGION UNIVERSITY PERIODICALS
Authors: Olga S. Krylova;
The first mentions of Slovakia on the pages of Russian university periodicals refer to the beginning of the XIX century. The foundation of university Slavic studies was laid in 1835, when Nicholas I approved a new university charter, on the basis of which the departments of Slavic dialects and literatures were opened in four Russian universities. Since that time, universities have become centers of Slavic studies. After 1917, Slavic studies were declared a bourgeois science, a struggle against it began as against the ideology of Panslavism, which supported the reactionary policy of tsarism. Renewed attention to Slavic studies dates back to the Second World War.The author considers the scientific school for the study of the history of Slovakia, established and continue their tradition at three universities of the Volga region − Kazan (Volga) Federal University, Saratov State University, and Mari State University. Three Volga region universities, preserving the traditions of Russian Slavic studies, contribute to the development of Slovak studies, publishing on the pages of their periodicals the results of scientific research of Russian and foreign scientists. The information about the most prominent representatives of these scientific schools and their contribution to the domestic Slovak studies is given. The article provides information about the scientific journal of the Mari State University “West – East”, the priority of which is Slavistics, as well as inter-Slavic contacts. With all the diversity of Slavic themes, special attention is paid to the history and culture of Slovakia on the pages of the “West – East” year-book. The international Editorial Board of the yearbook includes Slovak scholars, the journal regularly publishes articles on the history of Slovakia and the history of Russian-Slovak scientific and cultural contacts.
PRAYER VS CURSE: SPEECH ACTS IN THE STRUCTURE OF RELIGIOUS PRACTICES OF ANCIENT GREEK SOCIETY
Authors: Yuliya S. Obidina;
The article deals with the problem of ancient Greek religious verbal practices such as curses, supplications and prayers in the main literary genres that form the ideological discourse of the Greek polis – the epic and tragedy. The purpose of the article is to determine the social space of the religious in ancient Greece both in vertical and horizontal projection in the absence of a clear distinction between the sacred and the profane. The relevance of the article is connected with the extreme insufficiency in the modern domestic research field of works considering the religious space of the social in relation to archaic and traditional beliefs. It is noted that the study of the ancient Greek religion cannot be moved beyond the polis religion and civil cult, and the combination of actions and words traces a person’s identity in the religious sphere, since this corresponds to two central acts of the Greek cult: the act of sacrifice and the word of prayer. If sacrifices reflect exploits on the battlefield, in a culture where political and religious spheres were closely related, the similar role was played by the words of prayer, since prayer was a political as well as a religious act manifested publicly. A special category of effective utterances that played an important role in religious discourse, along with prayers and curses, is also considered. It emphasizes the difference between prayer that connects the human community with the divine and the curse that directly affects reality. It is concluded that the distinction between prayer and curse is mediated not by religious factors, but by the social structure of ancient Greek society.
ANATOLY IVANOVICH KONDAKOV − “MAKARENKO FROM VYATKA”
Authors: Vladimir B. Pomelov;
The article describes in detail the facts of the biography and comprehensively examines the multifaceted pedagogical, administrative, scientific and creative activity of one of the most significant domestic teachers of the first half of the XX century, a native of Yaransk, Vyatka province, Anatoly Ivanovich Kondakov (1894–1979), who left a bright trace in the domestic education. After graduating from the Kukar Teachers’ Seminary, Kondakov worked as a rural teacher. The article tells about A. I. Kondakov’s studies at the famous “Tikhomirov's courses” in Moscow. Then, in 1917, among the first fifteen graduates Kondakov graduated from the Vyatka Teachers’ Institute. In 1918, he was one of the first in the country to organize a school-commune and a school town in the village of Znamenka of Yaransk district of Vyatka province (now the territory of the Republic of Mari El). The article gives a detailed description of the educational activities organized by the teaching staff. A. I. Kondakov tells about his work in “Znamenka” in the book «School-commune». The article reveals the activities of A. I. Kondakov in Vyatka Provincial Department of Public Education (PDPE), and afterwards, in People's Commissariat of Education of the RSFSR under the leadership of A. V. Lunacharsky and N. K. Krupskaya. He also worked in the experimental station of the People's Commissariat, headed by S. T. Shatsky. In the Moscow period of work he was closely associated with B. P. Esipov, I. T. Ogorodnikov, N. A. Zarovnyadny, O. L. Bem, and other prominent teachers of the time. Much attention is paid to A. I. Kondakov’s work on the theme of life and work of I. N. Ulyanov and his family. The result of many years of work was the defense of his Candidate of sciences thesis and the publication of two books – “Director of public schools I. N. Ulyanov” and “School years of Volodya Ulyanov”. Outstanding domestic scientist-teacher Nikolay Vladimirovich Chekhov was his thesis supervisor. Kondakov was one of the organizers of the Academy of Pedagogical Sciences of the RSFSR in 1943, he was the first Head of the Department of Information.
PRIVATE ALIMENTARY FOUNDATIONS IN ROMAN ITALY (1ST–3RD CENTURY A. D.)
Authors: Tomáš Klokner;
The paper is based on epigraphic sources (inscriptions) and is devoted to the research of private alimentary foundations active in Roman Italy in the first three centuries A. D. These were founded on the initiative of wealthy members of the local aristocracy and can be considered an expression of their private generosity (munificentia privata) towards the population. Their function rested on the regular distribution of rations used for the subsistence (alimenta) of Roman children. The financial means for distributing the rations were obtained from the interests from the loans offered to landowners. The aim of the article is to collect, analyse and interpret the Latin inscriptions which offer not only a witness to alimentary rations from private sources, but at the same time, bring also important insights into various aspects of the existence of the particular foundations (the persona of the founder, number and age of supported children, amount and intensity of the rations, etc.).
IMPERFECTION OF THE LAW OR LAW ENFORCEMENT PRACTICE?
Authors: Natalia V. Ivantsova;
The article is devoted to the bill aimed at the novelization of part 1 of article 282 of the Criminal Code on incitement of hatred or enmity, as well as humiliation of human dignity. The criminal law norm set out in article 282 of the Criminal Code is included in the group of crimes against the foundations of the constitutional system and state security. By Federal Law of December 8, 2003 no. 162-FZ “On amendments and additions to the Criminal Code of the Russian Federation” this article 282 of the Criminal Code was renamed as follows: “Incitement of hatred or enmity, as well as humiliation of human dignity.” In our opinion, this is the case when the legislator considered that the foundations of the constitutional system can be significantly damaged by means of an attack, including offence to human dignity, and therefore emphasized in the title of the crime human dignity as a sign of one of the objects of criminal assault. The opinion is expressed that this crime is classified by the legislator as an infringement on the foundations of the constitutional system and the security of the state on the grounds that in accordance with the article 3 of the Constitution of the Russian Federation the bearer of sovereignty and the only source of power is the multinational people of Russia. Therefore, this crime encroaches on the fundamental principle of building the political system of the Russian Federation enshrined in the Constitution of the Russian Federation. The author identifies among the objects of criminal offence such an integral part of the foundations of the constitutional system of Russia as the implementation of policy aimed at creating conditions ensuring a decent life and free development of any person, regardless of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group. The article draws attention to the fact that the public danger of this crime lies in the nature of the committed actions, in particular, in the public dissemination of such ideas and views that undermine confidence of persons of a certain sex, race, nationality, language, origin, attitude to religion, as well as the belonging of persons to a certain social group, cause hostility to them. The author adheres to the position that the changes in this article are premature and have no criminological justification. It is necessary to improve the practice of application of this provision, paying more attention to hosted on the Internet reposts of Internet users.
THE ARGUMENTS TO THE CONSTITUTION OF THE RUSSIAN FEDERATION IN JURIDICAL ARGUMENTS FOR THE PROTECTION OF THE RIGHTS AND FREEDOMS OF MAN AND CITIZEN IN THE REALIZATION OF JUSTICE
Authors: Konstantin V. Kargin;
The article is devoted to the analysis of juridical arguments to the Constitution of the Russian Federation. They play an important role in the protection of the rights and freedoms of man and citizen in the realization of justice. The justification of court decisions is carried out on the basis of both legal and factual juridical arguments. Juridical arguments to the Constitution of the Russian Federation are formulated by reference to the corresponding juridical norms of the Basic law. In this regard, they belong to the group of juridical arguments. The purpose of the study is to analyze the use of arguments to the Constitution of the Russian Federation in court decisions. To achieve this goal, the definition of a juridical argument was formulated, the classification of juridical arguments on the juridical basis and the legal base of juridical argumentation were considered. Further analysis of certain judicial acts revealed the degree of influence of arguments to the Constitution of the Russian Federation on the adoption of judicial decisions. The methodological basis of the research was logical, systemic, comparative legal, normative and other methods of cognition. The article concludes that it is necessary to use arguments to the Constitution of the Russian Federation in all cases when the legal reasoning of the court decision is in systemic connection with the provisions of the Basic law.
LEGAL BASIS OF PUBLIC CONTROL: DIFFICULT ISSUES
Authors: Tatiana N. Mikheeva; Elena I. Ivanova;
The purpose of the study is a critical analysis and understanding of the public control institution consolidation in the legal field. Being a comparatively new social phenomenon, it has no direct analogs of cosolidation in foreign legal acts. The authors were convinced of this by studying international acts aimed at protecting human rights and fundamental freedoms, which is one of the tasks of the national legislation on public control. While forming the legal basis, the Russian legislator ignored particular aspects, what significantly constricts the scope of public control activity. In this connection, the task of formulating the most relevant changes and amendments to the legislation on public control was set. As a result of the study, it was revealed that the sources regulating relations on public control did not include the Constitution of the Russian Federation, generally accepted principles, norms of international law, international treaties of the Russian Federation. The latter are part of the Russian legal system. There are also no federal constitutional laws in this series, which reduces the authority of public control as a form of social control. The whole political sphere in the state turned out to be excluded – public control over the elections, which the legislator ordered only in mid-2018. Legal gaps were evaluated in the study, they became the basis for the proposals developed by the authors to improve the current legislation in the field of public control, synchronization of the basic law with other normative legal acts affecting the problems of public control. The formulated conclusions are also of a practical nature, since they significantly expand the legal framework for the implementation of a new public institution and raise its importance in a democratic state.
SOME THOUGHTS ABOUT PUBLIC CONTROL SUBJECTS
Authors: Denis S. Mikheev;
The purpose of the study is understanding, analysis and critical appraisal of the norms on public control subjects regulated by the Federal Law “On the Basics of Public Control”. This legal institution, although it received legal regulation, however, its not very active introduction into state and public life is observed. There is a certain passivity of citizens in the execution of public control. Non-profit organizations would like to become full participants of control measures, but the law does not ensure their right to be the organizers of most forms of public control. The statement of these problems indicates the relevance of the study. So, the goals of the study include the objective analysis of the current legislation aiming at identifying problems, which hinder law enforcement practice; the development of a scientific image of their decision; the formulation of the necessary changes in legislative rules regulating public control. As a result of the study, the uncertainty in a number of articles of the law and its vague wording regarding two categories of public control participants – non-governmental organizations and citizens were found. In fact, without fixing them in a specialized article naming the subjects of public control, the legislator assigns to them the certain legal powers in this respect. In order to achieve the settled goals a set of cognition methods was used. In particular, the identification of legislative gaps was carried out through formal legal and system-structural methods.A scientific novelty lies in the development of a particular scientific concept, which would consider the previously mentioned participants as the legalized public control entities. The practical significance of the proposals and conclusions made lies in a significant expansion of public control entities, intended to allow a huge number of public organizations and willing citizens to join public control entities on legal grounds.
STRATEGIC PLANNING ACTS OF HUMAN RIGHTS AND MONITORING RECOMMENDATIONS OF THE UN COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Authors: Elena A. Nikiforova;
The article is devoted to the study of the formation of a complex of strategic planning acts of human rights. The point of view on the nature of such acts as sources of constitutional law is given, with the justification of the need to determine the scope of regulation and protection of human rights as a special area, which is directly or indirectly the object of strategic planning. The author comes to the conclusion about some objective unsystematic nature of strategic planning documents, caused by the diversity of their types, fixed by the law, and possible subjects of their development and adoption. The author analyzes the prerequisites for the adoption and conditionality of the content of such documents, first of all, by the need to support the legislative provision of human rights at the level of international standards, so it is noted that the creation of a National Action Plan in favor of human rights is initiated by both Russian institutions of civil society and international bodies monitoring human rights. According to the author, the most acceptable form of strategic planning act of human rights is the form of doctrine or concept, but the legislation does not specifically establish the subject area of its normative impact, although the practice of adopting such acts generally meets this pattern. The issues of strategic planning and its effectiveness interconnection reflected in the results of law enforcement monitoring are discussed. It is proposed to consolidate the monitoring of the implementation of strategic planning acts in the sphere of human rights as a separate section of law enforcement monitoring reports. It is noted that the inter-state bodies for the protection of human rights also make a proposal to establish a system for monitoring the application of acts of international law by Russian courts in connection with the noted inactivity of the courts on the application of fundamental human rights acts directly.
DEFINITION OF ELECTION AS A CONSTITUTIONAL INSTITUTION
Authors: Gleb Yu. Shabalin;
Introduction. The article discusses various approaches to determining the constitutional and legal institution of elections in the works of legal scholars, as well as in legislative acts of Russia and foreign countries. The purpose of the research is to create a holistic scientific understanding of the concept’s content and features of such a constitutional and legal institution as election. Materials and methods. Research is based on the study of the electoral legislation of the Russian Federation, foreign countries and the analysis of legal literature. Research methods are general scientific and private scientific methods. Of the special methods, legal-technical, comparative legal method, systemic and other methods of scientific knowledge were applied. Results. The main positions of domestic legal scholars on the definition of the term «elections» were analyzed. Based on the constitutional and legal essence of the institution under consideration, the philosophical and legal assessment of the main features of the concept of “elections” was given. The reason for the ambiguity in the understanding of the legal definition under consideration was investigated. Two main approaches to the formulation of the concept of this constitutional and legal institution were identified. The legal definition of the term “elections” in the Russian legislation was studied. A comparison with the legislation of foreign countries was made. Conclusion. Two main approaches to the definition of the constitutional and legal institution of elections were identified and analyzed. The conclusion about the advantages and disadvantages of these approaches was made.
PROBLEMS OF THE RATIO OF PROHIBITION OF CERTAIN ACTIONS WITH OTHER MEASURES OF CRIMINAL PROCEDURE RESTRAINT
Authors: Svetlana A. Yakovleva; Anastasiya S. Kutyanina;
In 2018, as an alternative to detention, a measure of restraint in the form of prohibition of certain actions was introduced. This work analyzes provision of Article 105.1 of the Code of Criminal Procedure of the Russian Federation, the authors come to a conclusion that the measure of restraint in the form of prohibition of certain actions was allocated from house arrest. So, the bans listed in Paragraph 1, 3–5 of Part 6 of Article 105.1 of the Code of Criminal Procedure of the Russian Federation previously characterized house arrest. Analyzing practice, authors note that the officials conducting the investigation of criminal case, as well as the courts, do not distinguish between the prohibition of certain actions and house arrest, thus, duplicating the above measures. It is offered to exclude the prohibition of certain actions from the system of measures of restraint, the prohibitions provided by Paragraphs 2–6 of Part 6 of Article 105.1 of the Code of Criminal Procedure of the Russian Federation to attribute to the characteristic of each concrete measure of restraint. At the same time these prohibitions will be additional duties which officials, investigating a criminal case are entitled to assign to the suspect, accused, defendant, convicted, when electing any measure of restraint which is not connected with detention, by court decision. It is also proposed to state a part of the prohibitions in a different edition for the purpose of their effective application, and to provide an open list of prohibitions taking into account the type, nature of the crime, the way of committing the crime and the person who committed it. For a measure of restraint in the form of supervision for the minor suspect or the defendant to conclude a special type of prohibition, taking into account the age of the suspect, the defendant. Changes are necessary for ensuring appropriate behavior of the suspect, the defendant, as well as the safety of the victim, the witness and other participants of criminal proceedings.
Nestorov Chronicle: a legende about ancient times on the Russian land / Russian to Slovak translation, comments and foreword by M. Danish. – Bratislava: Slovak Writers' Union, 2018. – Index of names. 319 p. ISBN 978-80-8202-025-3
Authors: Г. В. Рокина;
The review is devoted to the translation into Slovak of the most ancient Russian chronicle "The Tale of Bygone Years". The translation was made from the Russian original from the complete collection of Russian chronicles (Laurentian Chronicle, Vol. 1, Petrograd, 1926). The preface and comments on the translation were made by a professor at the Comenius University (Bratislava, Slovak Republic). The book received the National Prize of the Russian Federation "Best Books and Publishers of 2018".
Authors: Olga N. Oleynikova; Galina V. Rokina ;
We invite Russian and foreign participants of Jean Monnet Projects, scientists and teachers, to prepare materials on the results of projects and European Studies conducted in Russia and other countries of the Erasmus+ Programme, for the thematic issue of the scientific and practical yearbook “West – East” dedicated to the 30th anniversary of the Jean Monnet Programme. The Editorial Board of the open access journal includes leading scientists from Russia, Slovakia, Italy, Austria, Belarus; articles are double reviewed, assigned to DOI, issue materials are indexed and archived by RSCI, CyberLeninka. The priority topic for the 12th issue is European Studies. Application for publication in the issue, indicating the intended topic of the article and the author's contact information, please send to the editorial office by June 1, 2019 (email@example.com; firstname.lastname@example.org; email@example.com). Please indicate in the subject line: “On the 30th anniversary of the Jean Monnet Programme”. Publication languages are Russian and English. After approval of applications with the Editorial Board of the journal and the National Erasmus+ Office in Russia, materials ready for publication are accepted in the editorial office for reviewing and editing until October 15, 2019. Requirements for articles you can find on the website of the journal: http://west-east.marsu.ru/