- VESTNIK 4(12) 2017
- Date publication on the site:
- 2018-02-19 15:55:51
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FIRST ILLUSTRATED MARI SPELLING-BOOKS
Authors: Ruslan A. Bushkov;
The spelling-book, which includes the alphabet, syllables, initial texts for teaching reading, basics of grammar, is the first study book falling into the hands of a child and leading him to the beginnings of writing and mastering written speech. The article is devoted to the history of the first illustrated Mari spelling-books and to identification of the role of G. G. Karmazin, a prominent figure in the Mari enlightenment and science, in their compilation and publication. The translation commission at the “Church brotherhood for the name of St. Gury at the Kazan Cathedral”, founded in 1867, seriously took up writing spelling-books for non-Russian children. The Brotherhood is named after the first Archbishop of Kazan. It aimed to strengthen and spread Christianity among the non-Russian population of the Volga region. In 1905, under the management of the Kazan Academic District, its own translation commission was organized. The transfer and publication of pedagogical and scientific-methodical literature for local non-Russian schools were entrusted to the commission. It was headed by Professor N. F. Katanov. It included R. P. Dowley, N. V. Nikolsky, I. S. Mikheev, P. P. Glezdenev. In the 1920s G. G. Karmazin became one of the leading authors of textbooks on the Mari language, the compiler of its first spelling rules. These textbooks were taught not only in schools, but also in reading houses, and reading points for the elimination of illiteracy of the population. The Mari intelligentsia of the 1930s rightly linked his name with the formation of the main features of the Mari literary language and the formation of its lexical-grammatical norms. The works of the author of the first illustrated Mari spelling-books were not wasted, but they found continuation in today's pedagogy and life, as he dreamed.
I. N. SMIRNOV AS A MUSEUM COLLECTOR
Authors: Nafisa M.-N. Gibadullina; Rustam M. Gibadullin;
The contribution of the historian I. N. Smirnov (1856–1904) to the museum work is considered in the article. It is known today only to a narrow circle of specialists-museum experts and Finno-Ugric scholars. The aim of the research is to obtain an idea of the stages, directions and scales of the collector's and museum activities I. N. Smirnov, which was dedicated to the history and ethnography of Finno- Ugric, Turkic and Russian peoples. This diverse, and “heroic” activity according to the testimony of contemporaries, allowed to get the most complete for its time picture of the historical development, first of all, of the Finno-Ugric peoples of the Volga-Ural Mountains on the basis of rich museum collections. To this day, these collections represent unique examples of already lost archaic cultures in the collections of modern museums. The article also reveals the views of Smirnov on the development of museum work, the main task of which the scientist saw not only in the demonstration of cultures of individual peoples in the process of their development, but also in the evolution of the universal culture. Thus, it was possible to organize a systematic collection of colossal material on ethnography and the history of the peoples of the Volga-Ural Mountains due to Smirnov. The scientist showed himself to be a prominent theorist-reformer, though not completely appreciated for the field of the museum work in Russia. He offered advanced ideas in the field of the organization of Russian museums, taking into account the advanced European experience. His project to create open-air museums was realized only many years later.
MEMOIRS OF SOVIET MILITARY ADVISERS AND SPECIALISTS IN AFRICA FROM 1960 TO 1980. PARTICULARITIES AND PRACTICE OF STUDY OF HISTORICAL MEMORY
Authors: Svetlana V. Grigorieva;
Introduction: the significant number of the memoirs of participants of local military conflicts and conflicts of “Cold War” that appeared in early 2000 can been called as a new phenomenon in memoiristics. Purpose. The purpose of this article is the analysis of memoirs of military advisers and specialists who were in hotspots of Africa during 1960–1980. Materials and methods: classification and methods of historiographic and comparative historical analysis. Results, discussion. Nostalgia for heroic past as well as desire of most of the authors to draw public and political attention to social issues of ex-soviet peacekeepers was the first reason for addressing these historical sources. The second reason is the fact that these memoirs have been declassified and this gives an opportunity to tell the truth of what soviet military-men were doing in African countries. The fact that most of the memoirs were written by people in respectable age who have lived most of their lives in soviet society had an impact on their world views. Markers of soviet discourse in different forms from specific words and words combinations to idioms, linguistic structures and text patterns found reflection in the language of memories, for example self-identification as a peacekeeper, combat veteran, the way the authors express recognition of their service to the motherland and justify positive role that USSR played in African events (USSR helped to create an efficient army, win the civil war and showed the advantages of socialist system). Conclusion. These memoirs allow us to make a more elaborate study of recent history of African countries, define a more objective role that USSR played in Africa during 1960–1980 and break the stereotypes about soviet foreign policy in 1960–1980 that are set in soviet historiography.
MYTH OF VAMPIRES: HISTORY AND MODERNITY
Authors: Yuliya S. Obidina;
The myth of vampires is a cultural universal and is associated with the fear of death and the superstitions that surround it. But the myth of a vampire comes out of the field of folklore, and the vampire becomes a historical character only in the Balkans. The purpose of this article is to show the evolution of the myth about vampires and the forms of its historical incarnation. For this, the article provides a comparative analysis of the vampire's structural unit of myth, the peculiarities of its embodiment in the European tradition, ways of adaptation the vampire image by Christian theorists and practitioners. The article emphasizes that, largely due to the activities of the Christian church, especially the Catholic, the vampire becomes an agent of the devil and turns into a real character. Based on the opinions of the largest researchers of mythology and demonology, the author concludes that together with witches and werewolves the vampire became the personification of earthly evil. The image of the historical vampire, earl Dracula, is also largely created from the submission of the church, which called Christian governors of Europe to fight against Islamic Turks. Later the Irish writer Bram Stoker expanded the image of the historical vampire far beyond the Balkans, and to this day the vampire is a favorite character of mass culture.
ROLE OF MARI WOMEN IN ETHNO-CULTURAL DESIGNING
Authors: Galina E. Shkalina;
The article deals with the problem of revitalization of ethno-cultural values in modern society. From ancient times they provided not only the survival of the people, but also the preservation of its spiritual and physical health, harmonized the interaction of a man with nature and with other people. Today there is a more complete, expanded, anthropological understanding of culture, including the broadest sphere of life styles and ways of people's coexistence, creative activity and the formation of a system of values, norms, worldview and identity. The author notes that over the past 25–30 years, the Finno-Ugric peoples of Russia have been consolidated through the comprehension of common archetypal images. Ethno-cultural heritage has acquired for them the importance of vital installations, was a marker of self-consciousness of a new generation. The author calls the musical quintessence of this process the musical “Yumyndyr”, staged in the national theater of the Republic of Mari El and based on the archaic Mari myth. The historical and cultural identity of the Mari ethno culture is a projected issue for the regional public association “Union of Mari Women ‘Saskavy’”. The objectives of the association are to intensify the activities of the indigenous women of Mari El, to increase their status, to play a role in the political, social and economic life of the republic, to support the cultural initiatives of rural women, and to train young women leaders of a list of Mari women. The article concludes that public institutions with a cultural mission are an important organizational structure that projects the formation of ethnic culture in the 21st century. The multifaceted creative potential of ethnoculture in women's hands can be widely used to strengthen social cohesion, feelings of mutual trust and understanding, as well as to develop transcultural ties, since the feminine is always a mood for the vital frequencies of the universe.
STRENGTHENING OF LEGALITY AND DISCIPLINE IN ACTIVITY OF STAFF OF THE INTERNAL AFFAIRS BODIES IN THE MARI ASSR (1960–1980)
Authors: Irina A. Boyarintceva;
Based on the archival sources, that are put for the first time in the scientific circulation, the article analyzes the activities of staff of the internal affairs bodies of the Mari ASSR at the Soviet period. Particular attention is paid to the issue of strengthening of legality and discipline in the activities of staff, as well as to measures to overcome the identified miscalculations and omissions in the field of strengthening discipline and legality. The application of historicalsystem and historical-comparative approaches made it possible to compare the essential characteristics of the organization and activities of the Soviet militia on a national scale and to reveal its regional features. The dialectical method, formal legal, systemic and other methods of scientific cognition were also used in the study. The author used the principles of the truth, concreteness, historicism, objectivity and systematicity by carrying out the research. Having analyzed personnel policy of the Mari militia, the author has concluded that despite the taken measures, respecting the rule of law and disciplines among staff was not up to the mark. So there are violations of an authorized order and legality, the facts of the shelter of crimes from account gain distribution in the 1960-s. In the middle of the 1970-s personnel committed offenses that were more serious: murder, drawing heavy injury, theft. The author attempted to define the reasons of low level of discipline among the staff of the Mari militia, inefficiency of the taken measures. In general the personnel policy on the basis of command and administrative methods was insufficiently effective and didn't meet requirements imposed to law enforcement agencies. Separate services weren’t provided with the necessary number of the trained staff in a due measure. In the early eighties big turnover of staff remained. Noticeable was a number of violations of office discipline and legality. All this led to decrease in the authority of militia. The received results of a research can be used successfully in development of recommendations for police officers of the Republic of Mari El during the modern period.
OMBUDSMAN INSTITUTE IN THE RUSSIAN FEDERATION AND IN RUSSIAN REGIONS: LAW BACKGROUND AND PRACTICES OF COLLABORATION
Authors: Olga Yu. Buzenkova; Alexander Yu. Sungurov;
The article is devoted to the analysis of Ombudsman institute (Commissioner for human rights) in the Russian Federation and in the subjects of the Russian Federation. The study briefly highlights the main stages of the establishment of this institute at the federal level, which took place in the 1990s under the conditions of an acute political confrontation. The personal characteristics of Russian Ombudsmen from Sergey Kovalev up to Tatyana Moskalkova are described. The article shows that Ombudsman institute in the subjects of the Russian Federation appeared earlier than at the federal level. Thus, the law on the Institution of the commissioner for human rights in the Republic of Bashkortostan was adopted in 1996, that is a year earlier than the corresponding federal law. The dynamics of changes in the relationship between federal and regional Ombudsmen from informal interaction within the Coordination Council to the legalized “double-key principle” is revealed. The positive aspects and potential dangers of such changes are shown.
OPPORTUNITY AND TIME IN LAW: SOME ASPECTS
Authors: Anatoly V. Vissarov;
The author of the article studies some aspects of opportunity and time relations in law. Opportunities in law open up reserves for the person, so it becomes possible to achieve the planned goals, interests, results. Time, being connected with opportunities in law is an important component of the legal life of society. Time in law acts as a factor or condition, in the event of which the opportunity can be realized, i. e. can become a reality. The purpose of the study is to identify some aspects of the interaction of opportunity and time in law. The object of the study was the opportunity and time in law. The subject of the study: the temporal possibility in law and timeliness as a property of activity governed by law, which gives subjects the opportunity. To achieve this goal, a universal dialectical method of cognition was used, as well as general scientific, private and special methods based on it. As a result of the conducted research it was established that the possibility exists in law, develops and manifests itself in an objective phenomenon called time. Temporal opportunities are the result of the impact of legal norms, legal means, give the subject of law the answer to the question – what is time, how to implement it (keep in mind) in legal relations. Timeliness of legal actions (acts, activities) is an important aspect of the interaction of opportunity and time in law. Timeliness is an important property of the activity, regulated by the law, which provides the entities with certain opportunities. In our society there are multiple contradictions in assessing the timeliness of carrying out certain state and legal reforms that require intensification of research in this direction. Timeliness manifests itself in the field of lawmaking, law enforcement activities and is an attribute of ensuring the high quality of laws. Specific proposals are made to fully ensure the possibilities and time in law in the process of lawmaking and the realization of law.
CORRELATION OF POSITIVE AND NEGATIVE ADMINISTRATIVE DISCRETION
Authors: Aleksandr M. Gavrilov;
The article studies the issues related to the concepts and correlation of positive (legal) administrative discretion with actions that escalate into negative and illegal manifestations. The paper explores various concepts, reveals their essential content. Administrative discretion is the freedom to choose the variant of the behavior by an authorized entity (a civil servant), determined by regulatory legal acts on the basis of his mental activity, in order to realize his public interest, to take an optimal management decision, to act or to refrain from doing (inaction) for the expedient exercise of his powers. The paper states that a civil servant, using administrative discretion, must rely on constitutional principles, the principles of official conduct. The limits of administrative discretion are outlined by the rule of law. Analyzing the main characteristics of administrative arbitrariness that prevail in the scientific literature, the author comes to the conclusion that the actions of persons having authority and beyond the limits of legal administrative discretion have a more complex structure and do not always fit into the framework of administrative arbitrariness or abuse of the right granted to the employee. It is concluded that administrative arbitrariness, along with other features, is characterized by the presence of a public legal tort. The degree of deviation from legal administrative discretion, which does not turn into a very negative and antisocial behavior, such as administrative arbitrariness, is singled out separately. It forms other types of deviation from its permissible limits.
PEDAGOGICAL COMPETENCE FORMING AT STUDENTS-FUTURE LAWYERS IN TRAINING
Authors: Yana V. Ermushova;
Introduction. Contemporary socio-cultural situation in the country indicates a decline in moral and cultural level of the population in general and especially of minors. The society faces the challenge of establishing an effective state system for the prevention of juvenile crime based on restorative paradigm of justice and application of juvenile technologies. To achieve this goal, psychologists, teachers and lawyers who can provide quality care for minors in difficult life situations. Under the circumstances, pedagogical preparation becomes an integral component of the content of vocational and legal education. Purpose. Development and validation of the components of the content of forming of pedagogical competence of students in the system of higher legal education. Materials and methods. Scientific and pedagogical works in the field of competence approach in vocational education (E. F. Zeer), the works devoted to the disclosure of the essence of pedagogical competence of the teacher (V. A. Slastenin, N. V. Kuzmina), the dissertational works on the problem of formation of pedagogical competence among specialists of various spheres were analyzed during the research. A complex of complementary research methods was applied: analysis and synthesis of information on the problem under study, questioning of students and teachers of law faculties, interviews with them, observation, pedagogical experiment. Results, discussion. An important part of professional preparation of future lawyer is the formation of a pedagogical competence. This is due to the diversity of the legal profession, since, according to the FSES HPE in the direction of training “Jurisprudence” (qualification (degree) “Magister”) the lawyer is prepared for such professional activities as law-making, law enforcement, expert consulting, managerial, research and teaching. As part of the latter activity, he should be able to teach legal subjects at the necessary theoretical and methodological level, to manage student's independent work and to effectively implement legal education. Conclusion. The study showed that the theoretically identified and approved criteria and pedagogical conditions are identified correctly, their implementation in educational process of the University contributes to the effective formation of law students' professional and pedagogical competence.
JUDICIAL-ARBITRATION PRACTICE IN DISPUTES RELATED TO THE EXECUTION OF PRELIMINARY CONTRACTS IN CONSTRUCTION ACTIVITIES
Authors: Oleg I. Lashmanov ;
The article is devoted to judicial and arbitration practice in disputes related to the execution of preliminary contracts in construction activities. The essence of the preliminary contract is an agreement between two parties – economic agents, according to which they commit themselves to a future decision on the conclusion of the main contract, the subject of which is the transfer of property, performance of work or provision of services. The use of preliminary contracts in construction provides the participants of the construction market with some advantages, namely it allows establishing preliminary economic relations that take into account the interests of the parties. One of the most common contracts not provided by the Law on Participation is a preliminary contract for the purchase and sale of a non-residential premises or apartment (hereinafter referred to as “MPCI”). Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 54 of 11.07.2011 “On certain issues related to the settlement of disputes arising from contracts for real estate that will be created or acquired in the future” determines the moments that arbitration courts need to follow when resolving cases. This decree provides an indication that a preliminary agreement is a contract under which the parties undertake in the future to conclude, under certain conditions, a basic contract for the sale of real estate that will be created or acquired in the future, but the purchaser of the property must pay the price of the property or most of it before the conclusion of the main contract. The article considers various situations that arise when arbitration courts consider disputes related to the execution of preliminary contracts in construction activities. The article deals with the situations that arise in the consideration of cases by courts, examples of arbitration practice are given. Also, the article presents the various positions of arbitration courts in disputes related to the execution of preliminary contracts in construction activities. What are the positions of arbitration courts in disputes related to the execution of preliminary contracts in construction activities? What situations arise arbitration courts at the consideration of the disputes connected with execution of preliminary contracts in building activity? These questions will be answered in the article.
TO A QUESTION OF UNDERSTANDING OF PUBLIC CONTROL
Authors: Tatiana N. Mikheeva;
The institute of public control received legal regulation three years ago with the adoption of the Federal law “On the basics of public control in the Russian Federationˮ. During this period, it showed itself in a practical way, so certain legal gaps and strengths of the law were revealed. However, many aspects of public control raise questions among a large part of the population. There is no common opinion on certain points even among scientists. The purpose of the study is to analyze the basic concepts of public control. The tasks of the work are: to present a scientific and practical description of the key concepts of public control, to give them an expanded interpretation, to identify the legislative problems, to suggest ways to improve legislative norms. The methods of the research are both general scientific and special legal methods of cognition. Legalistic, comparative, system and structural and other methods are among them. The set of methods allowed to achieve the goal and to solve the problems under research. The research results are the comments on the basic concepts of public control. The profound analysis of precepts of law isn't limited by the instruction of obvious shortcomings of the law, but also offers ways of overcoming separate legal gaps. Concepts of public control, the system of the principles, classification of subjects of public control are subjected to expanded interpretation that will allow to simplify understanding of the law not only for experts, but also for citizens as this law is designed to protect their interests.
FORMATION AND POWERS OF SUBJECTS OF PUBLIC CONTROL: QUESTIONS OF PUBLICITY
Authors: Denis S. Mikheev;
Public control is considered to be one of the main tools of publicity. The purpose of the study is to analyze the legislative norms regulating subjects of public control. This institution is central to the Federal Law “On the basics of public control in the Russian Federationˮ, as it defines the circle of key participants in control activities, their rights and duties. However, the provisions of law have contradictory character and contain obvious omissions in the part of such subjects as citizens and public associations. Hence the objectives of the study are following: the analysis of legal norms on the legal status public control subjects, contained not only in the above-named law, but other federal and regional laws; the features of the formation of the main public control subjects and the identification of problematic aspects in this part; the issues related to the powers of these entities. Various methods and approaches of the studying are used in the research. One of them is the objectivity in assessment of the current legislation. General scientific methods (analysis and synthesis), special legal methods (legalistic, comparative, etc.) helped to achieve a goal and certain results, to solve the stated tasks. The practical importance of a research is in promotion profound understanding public control subjects, their rights and duties, and restrictions. In general, the presented scientific material is of practical value from the point of view of implementing the norms of legislation, bringing the institution of public control closer to citizens.
THE PRACTICAL REALIZATION OF TRADE UNION’S RIGHT TO REPRESENTATION AND JUDICIAL PROTECTION
Authors: Ivan A. Murzanov;
The right to judicial protection is one of the fundamental constitutional rights of a citizen, enshrined in the basic law of the Russian Federation. In turn, some institutions of civil society, including public associations, are entitled to judicial protection. Trade unions, being the most numerous public association, whose number today exceeds 20 million people, can apply to the courts in case of violation of the rights, freedoms and legitimate interests of their members. However, trade union protection in this case is exclusively individual and targeted, not giving trade unions the right to apply to the judiciary for the protection of all categories of workers. Practical activities of state authorities and local self-government bodies are related, in particular, to norm setting. On the other hand, such bodies should adopt appropriate regulations taking into account the opinion of the respective trade unions. However, the consideration of the opinions of trade unions is the right of public authorities and local self-government bodies, and not an obligation. Thus, in situations where a normative act issued by a public authority, a local government body or their officials violates the social and labor rights of employees, trade unions do not have the opportunity to appear in court simultaneously in defense of all of them, which is an unconditional violation of the constitutional right of citizens to judicial protection. Thus, the author substantiates the conclusion about the need to give trade unions the right to apply to the court in defense of the interests of an undetermined number of persons.
PREPARATORY ACTIVITIES ON REFORMING OF PENAL SYSTEM OF THE RUSSIAN EMPIRE IN THE SECOND HALF OF THE XIX CENTURY
Authors: Nikolai I. Petrenko;
Introduction. Studying of history of prison transformations is of great importance for understanding of regularities of development and improvement of domestic system of execution of criminal penalties. For the long period of activity of the Russian penal system the wide experience of execution of the punishment in the form of imprisonment in various historical, political, economic and social conditions is accumulated. Now the special relevance is acquired by need of studying and adaptation to requirements of a penal correction system of positive experience of the organization of execution of criminal penalties in the Russian Empire. Purpose. On the basis of archival materials, to analyze actions of the government for development of basic provisions of reform of penal system of the Russian Empire in the second half of the XIXth century. Materials and methods: In the course of the research the documents of the commissions on reforming of prison system of the Russian Empire which are in the State archive of the Russian Federation fund 122 “Head prison departmentˮ and the Russian state historical archive fund 1149 “Department of laws of the State Councilˮ have been studied and analyzed. In the course of the research the complex of complementary methods has been applied: the analysis and synthesis of information on the studied problem, legalistic, historical and comparative. Results of a research. Reforming of prison system of the Russian Empire in the second half of the XIXth century was objectively necessary and followed from logic of large-scale reforms of Alexander II. The government made purposeful efforts on development of an algorithm of future transformations in the penitentiary sphere. The research analyzes the activity of a number of the commissions on preparation of transformations in the penitentiary sphere under the leadership of K. K. Grot, K. I. Palen, V. A. Sollogub, M. R. Shidlovsky and A. B. Lobakov- Romanovsky. Conclusion. The conducted research has shown that carrying out reform of penal system of the Russian Empire was preceded by long preparatory work which was carried out by a number of the departmental and interdepartmental commissions. Thorough training and study of all nuances of activity of prison system has allowed to carry out necessary transformations and to adapt the system of execution of punishments of the Russian Empire to the changed social and political and economic conditions and to conform to the international standards of penitentiary science and practice.
QUESTIONS OF PROOF OF THE SUBJECTIVE SIDE OF CRIMES RELATED TO LEGALIZATION OF INCOME OBTAINED BY CRIMINAL MEANS
Authors: Mihail A. Smirnov;
The main aim of this research was to study the issues of proving the subjective side of crimes related to legalization of income obtained through crime. Proving the subjective element of crime is one of the most difficult tasks to be solved by the investigator during the study of most criminal cases. Proving the subjective side of the crimes committed with the use of special knowledge in the field of Economics and Finance is the decisive factor in the question of establishing all the signs of the crime in the actions of a person, as well as addressing the issue of his guilt or not guilt.
CONCEPT AND ESSENCE OF INITIATION OF CRIMINAL CASE
Authors: Svetlana A. Yakovleva;
The article considers the problems of defining the essence of the stage of initiating the criminal case; the question of the existence of this stage is analyzed. There is a point of view that stage preservation of the institution of criminal proceedings is an axiom. Each stage of criminal justice is characterized by its inherent features and legal properties. We have investigated individual features of the stage of initiating the criminal case in relation to certain features of the stage of preliminary investigation of the case. If the beginning of the stage of preliminary verification of a crime report and its calculation timing can be determined from the date of its official registration, the beginning of the stage for its initiating adjusted after receiving a message about a crime, raises questions in the terms of its calculation. Considering the tasks set for the stage of initiating the criminal case, the author has come to the conclusion that long before making the decision to institute criminal proceedings, the investigation of the crime starts establishing elements of the corpus delicti of the crime and its proper qualification under the Criminal Code of the Russian Federation. To solve these problems, the official is faced with the choice of investigative actions specified in Part 1 of Article 144 of the Code of Criminal Procedure of the Russian Federation. However, the list of these actions presented by the legislator does not allow him to fix all the information on the circumstances of the crime and it may subsequently disappear or change. Execution of all investigative actions prior to the institution of a criminal case as a legal act acquires conceptual significance. Criminal prosecution aimed at establishing the person committed the crime as a subject of criminal responsibility is connected with the stage of initiating a criminal case. The author comes to the conclusion that the stage of initiating the criminal case is not an independent stage. The tasks for establishing the elements of the corpus delicti of the crime under the Criminal Code of the Russian Federation and its proper qualification, as well as the person who committed the crime, the formation of the evidence base are common tasks for the stage of initiating the criminal case and the stage of preliminary investigation.