Articles de revues : « Soviet legal doctrine »

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Tedeev, Astamur Anatol'evich. « State insurance in the Soviet legal doctrine ». Финансы и управление, n^o 1 (janvier 2021) : 72–78. http://dx.doi.org/10.25136/2409-7802.2021.1.35126.

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This article attempts to analyze the theoretical approaches towards regulation of state insurance by various branches of the Soviet law that existed in the legal thought of the XX century. Attention is focused on the state activity aimed at formation of the specialized insurance funds and peculiarities of their use. The article examines the procedure for the formation of state insurance fund, development trends, understanding of the essence and the key role of state insurance in the Soviet period. It is indicated that state insurance in the Soviet period represented the activity of government branches on formation of the specialized monetary funds by means of contributions made by socialist organizations and citizens (policyholders) that were used by the insurance system to compensate for material damage caused by natural disasters, accidents, etc., as well as carried out preventive measures and awareness-raising activity for their prevention. The following conclusions were formulated: in the Soviet period insurance as the legal institution was studied by a range of legal sciences, including the science of financial law; the insurance relations were regulated by several branches of the Soviet law. It is worth noting that the question on the boundaries of such regulation was of ambiguous and debatable nature. For the most part, insurance relations in the Soviet period were regulated by the norms of financial and civil law. The Soviet financial law regulated the relations that arouse in the process of development of state insurance as one of the main types of financial activity of the state. The property relations that established on the basis of implementation of these general terms were of civil nature. The question of sectoral borders is still relevant for many post-Soviet states.

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Korovin, Kirill Sergeevich. « The forming political legal doctrine of the Soviet constitutionalism and peculiarities s of its studying in the history of political and legal teachings ». Genesis : исторические исследования, n^o 12 (décembre 2020) : 138–49. http://dx.doi.org/10.25136/2409-868x.2020.12.34719.

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The subject of this research is the political legal doctrine of Soviet constitutionalism during the period of establishment of the Soviet State. The author presents his interpretation of the political legal doctrine as a specific form of material incarnation of the idea of the state. Its Soviet version had certain historical and conceptual peculiarities. First and foremost, it implied the ideology of Marxism-Leninism, which fully determined the content of the fundamental notions and concepts of the political legal doctrine, developed in the constitutional commission of 1918. The framework of the Soviet constitutional system were reflected therein, as well as in the text of the Constitution of the RSFSR. It appears that ideocracy became the key vector of self-identification of the Soviet Russia. The analysis of the main ideological postulates of the Constitution of the RSFSR of 1918 allowed concluding that the Soviet State is a typical example of the ideocratic state, which should be interpreted as a social system founded on the dominant ideology. Its basis was the Soviet constitutional identity that predetermined the level of perception and approval of the government actions by the population. Methodological specificities of the analysis of the Soviet political legal doctrine reflected in its logical-theoretical framework and provisions. The logical-theoretical framework was analyzed via morphological (structural) approach that focuses on studying the structure of ideologies on the micro-level. The provisions of the political legal doctrine were reflected in the discussions and discursive practices in terms of the constitutional commission, which were examines in the course of this research via studying speech acts and political language.

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Lvоvа, O. « Legal doctrine : axiological dimension ». Yearly journal of scientific articles “Pravova derzhava”, n^o 33 (septembre 2022) : 174–85. http://dx.doi.org/10.33663/1563-3349-2022-33-174-185.

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Introduction. The question of the nature of scientifi c doctrine and its signifi cance in the legal fi eld needs to be reconsidered in view of the standards that have become fundamental to the development of democracies and the idea of human rights and freedoms. Legal scholars must critically rethink the work of the previous period, suggest new approaches to solving current problems and ways to solve them. Such a rethinking at the scientifi c level should be transformed into a specifi c legal doctrine that will fi ll the legal norm with new values. The purpose of the article. Аnalysis of the axiological aspect of legal doctrine, which can be a connecting point in terms of its content and law enforcement and law enforcement purposes. Issues of legal and illegal restrictions are studied. Since legal doctrine has axiological features in its content, it is possible to trace their manifestation by comparing the opposite regimes under which legal doctrines were formed. In particular, the reality of the Soviet era denied the right as an independent social and regulatory regulator. With the collapse of the USSR there was a sharp change in the subject of scientific research in the fi eld of law, new methodological directions are formed, scientific schools are updated, scientifi c legal doctrines of already free, democratic Ukraine are formulated. Renewal of the legal doctrine of already independent science contributed to the constitutional approval of new, progressive values, including - man as the highest social value, its inalienable natural rights, the principle of the rule of law, justice and more. There is also a distinction between the understanding of law and law. Thus, doctrine is the key to understanding yesterday’s and today’s perception of law. It is the basis of legal analogies and concepts, institutions and norms, which logically combines and directs in the appropriate social direction in order to preserve and affi rm fundamental legal values. Value imbalances will lead to crises both in society as a whole and in the sphere in which certain values are leveled, and this is often due to the notion of what is moral or immoral, and often such criteria become fundamental in determining social values, legal doctrines and, accordingly, legal law. Based on the analysis of the relationship and interaction of scientifi c doctrine, legal understanding and lawmaking, it is noted that common to all this is a holistic axiological approach. Scientifi c doctrine transforms the eff ect of law and its value content into a specifi c legal document. At one time, such ideals were embodied, for example, in the Universal Declaration of Human Rights. Conclusions. Thus, the doctrine becomes the basis for the creation of quality law, which gives lawmaking and law enforcement activities, as well as legislation, axiological content. On the one hand, the doctrine is a years-old theoretical basis for lawmaking; on the other, it objectifi es the results of scientifi c research in the form of fundamental legal ideas and concepts. Key words: axiology of law, rule of law, law, law, legal doctrine, lawmaking

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NIKIFOROV, VADIM. « SOVIET ORIGINS OF THE DOCTRINE OF INTERNATIONAL LAW IN MODERN RUSSIA ». Sociopolitical Sciences 11, n^o 2 (28 juin 2021) : 97–102. http://dx.doi.org/10.33693/2223-0092-2021-11-3-97-102.

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The purpose and objectives of this article are to define and characterize the Soviet origins of the doctrine of international law in modern Russia. Methodological approach. The work uses general scientific methods, as well as elements of comparative legal, historical and legal methods and the method of legal interpretation. Results and conclusions. The article reveals the Soviet origins of the Russian doctrine of international law, analyzes the Concept of National Security, the Concept of Russian Foreign Policy and the National Security Strategy of Russia, as a development and complement to the Soviet doctrine of international law-the core of the modern doctrine of international law of Russia, which largely corresponds to the generally recognized principles of international law established in the UN Charter. Originality and value. The article shows the historical significance of the Great October Socialist Revolution, the legislative activity of the Soviet government for the progressive development of international law, describes the first decrees, declarations and international treaties of the RSFSR, defines the role of the Soviet Union in the formation of the United Nations and the development of the fundamental principles of international law within the framework of this organization.

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Nikulin, V. V. « From Extraordinary Law to “Revolutionary Legality” : Formation of the Concept of Revolutionary Law in the Soviet Legal Doctrine ». Pravo : istoriya i sovremennost', n^o 4(13) (2020) : 007–16. http://dx.doi.org/10.17277/pravo.2020.04.pp.007-016.

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The main provisions of the concept of “revolutionary legality” in the Soviet legal doctrine are analyzed; theoretical and practical aspects of its formation, factors that influenced its content are considered. It is argued that the defining function of the concept of “revolutionary legality” is the function of achieving the political goals of the state by legal means. It is concluded that the concept of “revolutionary legality” was a special system of law, adapted to the ideological tasks of socialist construction. It embodied the gap between formal law and the actual functioning of Soviet legal institutions, which constantly existed in the Soviet legal system. It is concluded that the concept of “revolutionary legality” was not a complete condemnatory legal construction, but a modification of the previously existing one-sided orientation of law to a political doctrine, which made it possible to interpret “revolutionary legality” in a variety of ways in practical legal activity, giving and strengthening certain aspects necessary for solving ideological and practical problems.

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Mullerson, R. A. « Sources of International Law : New Tendencies in Soviet Thinking ». American Journal of International Law 83, n^o 3 (juillet 1989) : 494–512. http://dx.doi.org/10.2307/2203308.

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As this discourse is devoted to the sources of international law in Soviet doctrine and the diplomatic practice of the USSR, I think that it is necessary to begin by characterizing my understanding of the contemporary Soviet doctrine of international law.In Western countries, the Soviet doctrine of international law is often regarded as monolithic, without internal contradictions and discussions. It is not so, though I would agree that there are some grains of truth in those allegations. On certain questions we have had too much unanimity in our social sciences at large, and in the doctrine of international law in particular. One could feel this unanimity particularly in the domain of the most sensitive political and legal problems.

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Elchaninova, O. Yu. « On some approaches to determining the definition of sources of Russian law in the works of Soviet scientists ». Juridical Journal of Samara University 7, n^o 3 (2 février 2022) : 19–24. http://dx.doi.org/10.18287/2542-047x-2021-7-3-19-24.

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The article studies the essential characteristics of the concept of sources of law, shows a variety of positions on the issues of systematization of sources of Russian law, gives a characteristic of conceptual approaches to their classification. The main volume of the work is devoted to the analysis of the doctrine of the sources of law, which was established in the legal doctrine in the Soviet period. The conclusion is made that the content of the concept depends on the specific era in which it was formed. In the Soviet period, a normative approach prevailed in legal thinking with an emphasis on studying the nature of formal sources of law, reflecting the reasons for the legal obligation of a norm. It is indicated that Soviet scientists understood the material conditions of social life as sources of law in the material sense. The author shows that the lack of unification of the term sources of law is determined by the essential polysemicity of its structural elements. Soviet scientists who touched the doctrine of the sources of Russian law, relying on previous works, brought something new to it, expanding the conceptual and categorical boundaries.

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Suleymanov, Bigruzi B. « Sergei Alexeyev's doctrine of legal systems (families) ». Vestnik of Kostroma State University, n^o 3 (2019) : 206–10. http://dx.doi.org/10.34216/1998-0817-2019-25-3-206-210.

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Sergei Alexeyev is one of the largest Russian lawyers, whose works are a reference point for modern fundamental research in the field of legal sciences. He paid considerable attention to the problems of legal communities (legal systems, legal families, etc.), which have been remainingtopical. At the same time, the views of the famous scientist on legal communities and, above all, on the legal system, were formed gradually, under the influence of many factors. In this paper, an attempt is made to reveal the transformation of the position on the legal communities of the recognised methodology of Soviet law. For this purpose, the generalising and special works are analysed in which, various aspects of the legal system are studied. The object of the study is the doctrine of Sergei Alexeyev's law and legal reality. The subject of the research is the formation, basic provisions, transformation and significance of Sergei Alexeyev's scientific theory about the legal system.

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Melnyk, M. V. « Philosophical and Legal Interpretations of the Deformations of Legal Awareness in the XX - Early XXI Century ». Bulletin of Kharkiv National University of Internal Affairs 87, n^o 4 (22 décembre 2019) : 23–32. http://dx.doi.org/10.32631/v.2019.4.02.

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It has been stressed that the topic of philosophical and legal interpretations of the deformations of legal awareness in the XX – early XXI century is actively developed by scholars of the countries of the post-Soviet space. Emphasis has been placed on the development of the doctrine on legal nihilism that has been developed in Western European philosophical and legal thought, as well as on the problem of totalitarian legal awareness that has emerged in Soviet society. It has been revealed that the foundation of the concept of the deformations of legal awareness in Ukrainian philosophical and legal science was laid by the great household names of the past – P. I. Novgorodtsev, I. A. Il`in, M. M. Alekseev, L. I. Petrazhitskii, B. I. Kistiakivskyi and others. There is not so much in the world scientific thought about the deformations of legal awareness, where the concept of legal nihilism is the exception. The foundations of the doctrine of nihilism were laid by such outstanding thinkers as F. Nietzsche, A. Schopenhauer, M. Heidegger, F. H. Jacobi. Therefore, nowadays the doctrine of legal nihilism is the most developed in relation to the types of the deformations of legal awareness. It has been determined that the “golden age” of this extremely negative social phenomenon occurred at the beginning of the XX century, after the formation of the USSR. Totalitarian propaganda machines, the Soviet Union in particular, tried to transform society into a governed crowd, brainwashed by a certain ideology that led to a degeneration of legal awareness into a totalitarian consciousness and, as a consequence, to the widespread deformation of legal awareness. However, the deformations of legal awareness were not discussed at theoretical level, because they were considered a vestige of bourgeois times. Discussion about the deformation of legal awareness was initiated by the prominent Soviet legal scholar E. A. Lukasheva in her work “Socialist Legal Awareness and Legality”, where she characterized that the legal awareness of a particular individual can be defective, limited, and backward from the general level of public consciousness, can contain harmful installations and defective assessments of legal phenomena.

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GUSEYNOV, Yu M. « THE FIGHT AGAINST ‘ADATS AND SHARI‘A IN THE FAMILY LIFE OF KUMYKS IN THE FIRST SOVIET DECADES ». Islam in the modern world 15, n^o 2 (20 juillet 2019) : 107–18. http://dx.doi.org/10.22311/2074-1529-2019-15-2-107-118.

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The article is devoted to the correlation between the norms of ‘adat and shari‘a in the Kumyk family life in the fi rst years of Soviet power. During this period, on the territory of the entire state, including Dagestan, Soviet legal doctrine was actively introduced with its own laws, principles and rules.The new laws of the country of the Soviets sharply contradicted the traditional norms of the Kumyks. This contradiction has been expressed in many issues, including family and domestic. At fi rst, the Soviet leadership strongly supported the norms of ‘adat and shari‘a. This was refl ected in the invitation to the dualistic marriage-according to the Soviet and shari‘a laws. However, by the end of the 20s of the 20th century, an ideological campaign unfolded against the ‘adat and shari‘a norms.

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Kuznetsov, Evgeniy N. « Civil Procedure Relations : Issues of Theory ». Arbitrazh-civil procedure 12 (26 novembre 2020) : 3–8. http://dx.doi.org/10.18572/1812-383x-2020-12-3-8.

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The article deals with the theoretical aspects of civil procedural legal relations. The article analyzes the Soviet and Russian approaches to the essence of procedural legal relations, the features of the scientific analysis of civil procedural legal relations in the German doctrine. The composition, object, subjects and content of civil procedural legal relations are determined.

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Antonov, Mikhail. « Theoretical Issues of Sovereignty in Russia and Russian Law ». Review of Central and East European Law 37, n^o 1 (2012) : 95–113. http://dx.doi.org/10.1163/092598812x13274154886548.

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AbstractThis article examines the background and the framework of discussions about the concept of sovereignty and its limits. It begins with a short historical analysis of the processes which took place in Soviet Russia leading to the 'parade of sovereignties' in the early 1990s. Afterwards, the author sketches the different approaches and doctrines upheld by the Russian Constitutional Court in several landmark decisions concerning sovereignty problems. The article focuses on the vertical dimension of sovereignty, i.e., on different conceptions adopted by federal and regional powers in post-Soviet Russia regarding the legal status of the member-republics (subjects) of the Russian Federation. The development of the doctrine of the Constitutional Court of Russia in this matter is quite illustrative as to the legal arguments used to protect the integrity of the Russian Federation against the diverse disintegrative strategies pursued by the regions.

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Malyukova, O. V. « Logical Design of Legal Education. Towards the Anniversary of Kutafin Moscow State Law University ». Kutafin Law Review 8, n^o 4 (28 décembre 2021) : 647–67. http://dx.doi.org/10.17803/2313-5395.2021.4.18.647-667.

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The paper deals with the problem of interrelation between two research programs — logic and jurisprudence — from antiquity to the present. Traditional logic has created and developed the Great Triad “Concept — Judgment — Inference” that has become an educational and methodological canon of humanitarian knowledge and education in general and legal knowledge and legal education in particular. The doctrine of the concept, the doctrine of judgment, the doctrine of inference (more precisely, the doctrine of proof) are essentially used in legal proceedings, law-making, and law enforcement. The author resorts to modern achievements of the theory and technology of scientific knowledge as a research methodology. Logical knowledge itself appears in the form of methodology. Under this approach, any science, both natural and humanitarian, necessarily defines its conceptual corpus. Any science, creating its own description of the subject area, uses theoretical provisions in the form of a set of theses and arguments expressed by judgments. Any science substantiates its vision of the world using a system of evidence. All these properties are subject to and correspond to the subject of logics taught in every law school in the context of legal logics or logics for lawyers. The place of logic in the framework of legal education is considered as a hierarchy of problems of the relation between the phenomena of “the logical” and “the legal” within the framework of the world-historical process, the relation between the phenomena of “the logical” and “the legal” within the framework of domestic history and domestic education system before 1917, i.e., before the overthrow of the monarchy and the establishment of the Soviet power, the relation between the phenomena of “the legal” and “the logical” in Soviet and post-Soviet history, creation of an education system, including legal education, in our country and the development of the logical science and logical education at Kutafin Moscow State Law University. The uniqueness of the study is associated with the use of the Transcript of the All-Soviet Meeting of Logic Teachers of Higher Educational Institutions held on June 21–26, 1948 in Moscow discovered and introduced into scientific circulation by the author of the paper. The result of the study proves the special importance of logic for lawyers as a reliable tool in situations of lawmaking, law enforcement and interpretation of legal norms.

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GHAMBARYAN, Artur, et Rafik KHANDANYAN. « The Issue of Public Officials’ Promises in the Light of Philosophy of State ». WISDOM 24, n^o 4 (25 décembre 2022) : 204–15. http://dx.doi.org/10.24234/wisdom.v24i4.947.

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The legal nature of promises of state bodies has not become a subject of discussion in the theory and philosophy of Soviet and Post-Soviet Law. Issues related to the promise/assurance of an administrative act and its legal consequences are studied in more detail in the doctrine of German administrative law. Moreover, positive legal provisions on the promise of an administrative act exist in Germany. The results of studying the promise in this article will be presented in a deductive methodology (from general to specific). The article will present: First, within the framework of the types of law enforcement, theoretical approaches about the legal nature of the promises made by officials, their place in the system of sources of law (philosophical and legal plane); Second, the essence of the promise made by an official as a performative act, types of promises and connection with the doctrine of legal expectation (theoretical and legal plane); Third, judicial practice of consideration and resolution of disputes related to the promise made by administrative bodies. The authors conclude that the fulfillment of public promises of high-ranking officials is not only a moral duty, but also causes political and legal consequences.

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Henry, Etienne. « The Road to Collective Security : Soviet Russia, the League of Nations, and the Emergence of the ius contra bellum in the Aftermath of the Russian Revolution (1917–1934) ». Journal of the History of International Law / Revue d’histoire du droit international 22, n^o 2-3 (21 octobre 2020) : 355–84. http://dx.doi.org/10.1163/15718050-12340155.

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Abstract This article argues that the quest for ‘peaceful coexistence’, sometimes depicted as an inherent quality of Soviet foreign policy, rather reflects a re-interpretation of actual practice in the light of subsequent developments – in connection with the emergence of Joseph Stalin’s doctrine of Socialism in one country. The latter was primarily inspired by tactical necessities rather than doctrinal dogmas. Even though Soviet Russia was perceived and sometimes acted as an outsider, if not a disrupting agent, until the accession of the USSR to membership in the League of Nations in 1934, Soviet foreign legal policy discourse in the 1920s and early 1930s, with its increasing focus on ‘peaceful coexistence’ and collective security rather than world proletarian revolution, contributed substantively to the emergence and development of modern ius contra bellum.

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Mueller, Wolfgang. « The USSR and Permanent Neutrality in the Cold War ». Journal of Cold War Studies 18, n^o 4 (octobre 2016) : 148–79. http://dx.doi.org/10.1162/jcws_a_00683.

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The Soviet view of neutrality was shaped by political rather than legal considerations. Whether neutrality was rejected or promoted by the USSR and how it was defined depended on the concept's usefulness for Soviet foreign policy. To advance Soviet interests, a special doctrine of neutrality was created with obligations that Soviet leaders apparently believed would draw the permanently neutral states nearer to the Soviet bloc. This article, which relies on Russian and Western historical literature as well as archival documents, delineates the changing Soviet attitude during the Cold War toward permanent neutrality as well as toward four European neutrals (Austria, Finland, Sweden, Switzerland).

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Omanović, Sanjin, et Anisa Ruhotina. « Uticaj sovjetske doktrine na rusku parnicu / The Impact of Soviet Doctrine on Russian Litigation ». Pregled : časopis za društvena pitanja / Periodical for social issues 62, n^o 2 (29 novembre 2021) : 47–59. http://dx.doi.org/10.48052/19865244.2021.2.47.

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Even though the Soviet regime is the history in the context of development of the Russian civil procedural law, the studying of this epoch is necessary in order to perceive its’ impact on today’s Russian litigation. Despite the fact that nowadays’ Russian litigation is based on substantially different political, ideological and legal fundaments, it didn’t go far from the Soviet regime’s standpoint. In that regard this paper reflects on fundamental theoretical concepts of the seven most influential soviet litigation theorists, as well as some of the today’s theories. Finally, authors aim to determine to which extent has the Soviet doctrine impacted the Russian litigation in terms of prescribing legislation solutions and creating case law by the Soviet courts.

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Ozhevan, Mykola. « INTEGRITY IN SOCIAL HUMANITARIAN SCIENCES AS A PHILOSOPHICAL&METHODOLOGICAL PROBLEM ». Politology bulletin, n^o 82 (2019) : 8–17. http://dx.doi.org/10.17721/2415-881x.2018.82.8-17.

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The main determinants of scientific integrity are considered in the article: moral and ethical; religious and ideological; philosophical and methodological; political and legal; social with criminogenic inclusive; technical and technological; advertising and marketing. The main attention is drawn to the crisis in the social and humanitarian sciences which in Ukrainian conditions can be explained in the broad sense by the legacy of the Soviet past, when the social humanitarian sciences (the social sciences and the humanities in western understanding) were predominantly promoted with ideological goals. The quasi scientific practice that drove in Soviet times was the practice of artificial scientification of various political doctrines and ideologies based on the «one correct doctrine» — Marxism-Leninism («scientific communism»; «scientific atheism», etc.). Competing doctrines declared unscientific. At the more late time, the manifestations of scientific malpractice are commercial facilitated researches. To this over-commercialization and over-politicization factors we must add the relativism of the postmodern worldview with its dubious «post-truth» ideal. The article suggests various ways and methods solving the problem of strengthening the scientific integrity: philosophical; moral&ethical; political&legal; corporate-administrative.

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Ozhevan, Mykola. « INTEGRITY IN SOCIAL HUMANITARIAN SCIENCES AS A PHILOSOPHICAL&METHODOLOGICAL PROBLEM ». Politology bulletin, n^o 82 (2019) : 8–17. http://dx.doi.org/10.17721/2415-881x.2019.82.8-17.

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The main determinants of scientific integrity are considered in the article: moral and ethical; religious and ideological; philosophical and methodological; political and legal; social with criminogenic inclusive; technical and technological; advertising and marketing. The main attention is drawn to the crisis in the social and humanitarian sciences which in Ukrainian conditions can be explained in the broad sense by the legacy of the Soviet past, when the social humanitarian sciences (the social sciences and the humanities in western understanding) were predominantly promoted with ideological goals. The quasi scientific practice that drove in Soviet times was the practice of artificial scientification of various political doctrines and ideologies based on the «one correct doctrine» — Marxism-Leninism («scientific communism»; «scientific atheism», etc.). Competing doctrines declared unscientific. At the more late time, the manifestations of scientific malpractice are commercial facilitated researches. To this over-commercialization and over-politicization factors we must add the relativism of the postmodern worldview with its dubious «post-truth» ideal. The article suggests various ways and methods solving the problem of strengthening the scientific integrity: philosophical; moral&ethical; political&legal; corporate-administrative.

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Kornev, A. V. « Criticism of “Bourgeois” Political Doctrines : Cognition through Denial ». Lex Russica 74, n^o 10 (12 novembre 2021) : 125–36. http://dx.doi.org/10.17803/1729-5920.2021.179.10.125-136.

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In the historiography of political and legal doctrines, along with general scientific research methods, traditional methods are used: chronological, problematic, portrait, country studies. The critical approach is applied in all types of research of political ideas. Meanwhile, in historiography, this method is not given the attention it deserves. Criticism always involves an assessment of the empirical and theoretical material contained in various texts (sources). The productivity of this method is obvious. A critical approach makes it possible to assess the scientific content of a particular political doctrine, as well as the practical prospects for its implementation. Criticism implies a deep immersion of the researcher into the problem and maximum objectivity in evaluating the results obtained. This is what is most often lacking. The legal sphere is already political and is an integral part of it. Political doctrines, as well as the law (one of the forms of expression of law), are always connected with the interests of social groups (In the former terminology — classes). In this regard, it is not necessary to expect neutrality in the estimates. This was the case at the time of total administration in the field of social sciences, and it is happening today, when methodological pluralism and ideological diversity are declared. During the Soviet period, “bourgeois” doctrines and their creators were particularly criticized. As time has shown, this criticism was largely justified. History as such consistently confirms a curious pattern: “progressive” thinkers eventually become “reactionary”, as well as vice versa. Moreover, not only in our country. The paper states the dual orientation of criticism. On the one hand, a critical approach allows a more objective assessment of the political and legal doctrine. This shows its cognitive (cognitive) aspect. On the other hand, criticism gives the researcher a chance to convey to the reader the essence of any theory, doctrine, and idea and give him the opportunity to evaluate them himself. In the conditions of actual censorship, criticism remains almost the only genre of characterization of political and legal doctrines.

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Poghosyan, Sevanna. « Russian Approaches to the Right of Peoples to Self-Determination : From the 1966 United Nations Covenants to Crimea ». Juridica International 30 (13 octobre 2021) : 183–93. http://dx.doi.org/10.12697/ji.2021.30.20.

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Two moments proved decisive for the development of the right of peoples to self determination in Russia, related to the Soviet approach in the de-colonisation era, as manifested in the 1966 United Nations Covenants, and Russia’s approach to this right after the 2014 annexation of Crimea: with its annexation of Crimea, Russia, just as the Soviet Union had in 1966, challenged the universality of the right to self-determination. The paper examines theory and practice of the right of peoples to self-determination in Russian context from a historical-legal perspective, to trace the roots of the contradictions found in Russia’s current approach to that right. Aimed at understanding the specifics of the Soviet approach to self-determination and considering the case of Crimea in light of analogies between the past and present approaches to the right, the discussion posits the existence of a link between the Soviet and the Russian approach to self-determination, on the basis of legal ties between post-1991 Russia and the Soviet Union established under the doctrine of state succession or continuity. The article offers support for the hypothesis that the current Russian approach to self-determination resembles the Soviet one in demonstrating legal flexibility characterised by self-interest, hypocrisy, and double standards. This calls for renewed discussion of the influence of Soviet international legal thinking on that of contemporary Russia.

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Zidar, Andraž. « Russian Revolution and the International Legal System ». Monitor ISH 20, n^o 1 (13 juin 2018) : 69–80. http://dx.doi.org/10.33700/1580-7118.20.1.69-80(2018).

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Two potent ideologies came to loggerheads after WWI: communism, which rose to the fore after the Russian revolution, and the so far dominant liberalism. At first glance the two ideologies share surprisingly similar views on the fundamental questions of the international legal system. But a more thorough look at the development of the Soviet doctrine of international law reveals some fundamental differences. The goal of the Russian revolution was to set up a worldwide socialist society, with the working class given a dominant role. This goal dissolved after the break-up of the Soviet Union. Nonetheless, it is possible to identify in the international legal system a positive and still valid legacy of the Russian revolution, such as the principle of the self-determination of nations, the concept of economic, social and cultural rights, the principle of public conclusion of treaties, the prohibition of aggressive war, as well as a polycentric view of the world structure.

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Nebratenko, Gennady. « The doctrine of the revival of post-Soviet Turkmen statehood by Saparmurat Niyazov ». Gosudarstvo i pravo, n^o 12 (2021) : 118. http://dx.doi.org/10.31857/s102694520014143-8.

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The cultivation of traditionalism in law, based on universal human values and the history of jurisprudence, remains relevant in the post-Soviet space for almost three decades since the destruction of the unified state. At the same time, legal science does not recognize the primacy of the historical school of law, which was revived in the 90s XX century. together with other classical types of legal thinking, after the rejection of the centralism of the materialist theory that prevailed in Soviet jurisprudence. The reason for the attractiveness of traditionalism lies in the inclination towards it of many continental peoples, intensified by the visible consequences of leveling the experience of national legal development in North American and European law, positioning liberal trends, which are largely inappropriate for traditional states, to which Russia belongs, formed as a result of millennial evolution. Among complex nations that have a long experience in the development of statehood and the heterogeneity of the specifics of legal culture, the concepts that fix traditional values in the legal creation as a natural source of human rights, imperatively not connected with the law, which is rational and moral, but by its nature deafened and not necessarily reflects the historical mentality of the society. One example of such concepts aimed at reviving traditional statehood and preserving the integrity of society is the doctrine contained in the twovolume work of the Turkmen statesman Saparmurat Niyazov entitled “Rukhnama”, who tried to translate it into practice. Therefore, the object of the article is public relations associated with the revival of the Turkmen statehood through the formation in the period of a national human rights standard, harmonized with the interests of a traditional society. The subject of the article is a general description, the main content and applied significance of the concept of Saparmurat Niyazov, illustrating the possibility of forming a legal state taking into account traditionalism, as well as the importance of the corresponding doctrine for the development of the legal system of Turkmenistan. The concept of national revival of the republic, formulated by Saparmurat Niyazov, became the basis for the development of a social ideology that influenced the post-Soviet formation of republican legislation, is of scientific interest for other states experiencing the expansion of liberal tendencies in law, not excluding the Russian Federation. In conditions when the international universal security system is showing stagnation, sovereign states are turning to the toolkit of international regional and national means of ensuring security. Therefore, the revenge of traditionalism is predictable, illustrated by the example of Turkmenistan. Moreover, the Russian society, as well as the Turkmen one, shows an inclination towards it, and the construction of a welfare state, declared at the constitutional level, makes it possible to reflect this trend while improving legislation.

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Ablaeva, E. B., A. R. Ensebayeva et M. A. Utanov. « Administrative Justice in the Soviet Period (Analysis of the Doctrine, Legislation and Procedure of the First Half of the 20th Century) ». Lex Russica, n^o 1 (19 janvier 2021) : 67–81. http://dx.doi.org/10.17803/1729-5920.2021.170.1.067-081.

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Socio-political significance and legal status of the institute of administrative justice are widely understood in the context of the thorough analysis of Soviet theory, legislation and practice of the first half of the last century. The choice of the subject matter of the study is preconditioned by the universally recognized periodization, according to which administrative justice in the Soviet period reached the highest level of development in the first half of the 20th century after the foundations of civil proceedings of the Union of the SSR and the Soviet Union Republics were approved in 1961. From this point of view, it is very interesting and useful to study the objective circumstances that took place in the first half of the last century. The study covers the beginning of the Soviet path of development and improvement of the institute of administrative justice, the lower border of which constitutes the final moment of the establishment of Soviet power, and the upper border covers the post-war period of the Soviet Union. The grounds, conditions and procedure of settlement of complaints against actions of Soviet institutions and officials are identified by various bodies. The selected subject matter was actualized during the development and adoption of the first Administrative Procedural Code of the Republic of Kazakhstan, as well as in the course of institutional reform aimed at ensuring the rule of law, including in the areas of public administration and local government.The purpose of this paper is to study the issues of regulation of public relations arising between the Soviet State represented by public authorities, their officials, state officials, on the one hand, and Soviet citizens and their associations, on the other. To achieve this goal, the following tasks are set: studying the normative legal acts of the Soviet power issued by the central election commissions, All-Russian congresses of councils, people's commissariats, workers'-peasants' inspectorates, councils of workers'-and-peasants' defenses and many other Soviet institutions regulating administrative justice in the first half of the 20th century; determination of grounds, conditions and procedure for appealing or challenging the legality of acts, decisions, actions or omissions to act on behalf of Soviet institutions and officials; analysis of the legal thought of the first half of the 20th century.

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Nikolina, Inna, Inna Mazur et Volodymyr Ocheretianyi. « Organizational and Legal Bases Military-Economic Cooperation of USSR, Britain and the United States at the Beginning of World War II ». Scientific Papers of the Vinnytsia Mykhailo Kotsiubynskyi State Pedagogical University. Series : History, n^o 40 (juin 2022) : 124–30. http://dx.doi.org/10.31652/2411-2143-2022-40-124-130.

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. The purpose of the article is an attempt to objectively cover the organizational and legal basis of military-economic cooperation between the Soviet Union and the United States and Great Britain at the beginning of World War II. Efforts have been made to prove that the Soviet Union was also interested in providing logistical assistance to prevent its defeat in the Soviet-Nazi war. The research methodology based on the principles of historicism, systematics, objectivity, generalization. Preference was given to such special historical methods as historical-systemic, problem-chronological, descriptive, comparative-historical. Scientific novelty of the research is that an attempt was made to comprehensively analyze historiographical narratives to develop organizational and legal foundations of military-economic cooperation of the Soviet Union with the United States and Britain at the beginning of World War II. Conclusions. At first, USA foreign policy doctrine was based on deterring Nazi Germany with British help, but after the Soviet-German conflict, the USA and Britain changed their views on the USSR and saw it as an element in the war that would help weaken and destroy the Nazis on the continent. The defeat on the Soviet front in the early stages of the war was another catalyst that forced the United States and Britain to change their position, while the Soviet state also began to form an external doctrine on other approaches to unite with the anti-Hitler coalition. As a result of the Soviet-British-American agreements, the first protocol was ratified during the Moscow Conference, which allowed the United States to extend the influence of the Lend-Lease to the Soviet Union in the future. However, the inflow of foreign "defense materials" was accompanied by many contradictions, especially in 1941-1943. The main one was the slow development of the Allies' supply process in the USSR, which at the time was a small part of Soviet needs. Towards the end of the war, the contribution of the lease to the total military potential of the USSR increased significantly

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Lundstedt, Tero. « The Destruction of Statehood and the Color Revolutions under Russian International Law Doctrine ». Groningen Journal of International Law 8, n^o 2 (16 février 2021) : 228–43. http://dx.doi.org/10.21827/grojil.8.2.228-243.

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Has Russian international law doctrine changed in relation to the post-Soviet states since the annexation of Crimea? This paper analyses two interdependent concepts of the contemporary Russian international law doctrine - the ‘color revolutions’ and the ‘destruction of statehood’ - in the context of geopolitical competition over the post-Soviet space. In brief, the term color revolution is used by Russia to describe events that it categorizes as illegal regime-changes used to remove pro-Russian politicians from power under the guise of democracy. In the same context, Russia has developed another key concept, i.e. the ‘destruction of statehood’. First referred to in 2008, it has since 2014 become a more encompassing and innovative legal doctrine to counter color revolutions in Russia’s neighboring states. Under this doctrine, Russia reserves a right to ‘un-recognize’ a target state if it categorizes the situation as an illegal regime change that has destroyed the target’s statehood. Controversially, this results in Russia no longer being bound by its treaty obligations with this state. Especially since 2014, Russia has developed political and legal tools in multilateral documents to counter future color revolutions. While it has been unable to convince the international community to accept its new interpretations, it has been more successful within its closest allies in the Collective Security Treaty Organization (CSTO) and, to a lesser extent, in the Commonwealth of Independent States (CIS). This may have significant political consequences in the future.

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Panova, L. « METHODOLOGICAL APPROACHES TO THE PROBLEM OF THE INTERRELATION BETWEEN PRIVATE AND PUBLIC LAW IN SETTLEMENT RELATIONS ». Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, n^o 118 (2021) : 85–92. http://dx.doi.org/10.17721/1728-2195/2021/3.118-16.

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The article is based on the existing law doctrine of division of law into private and public. The author analyses the influence of the doctrine on the relationships that arise in the financial services markets. The author takes into account the results of researches conducted by domestic and foreign scholars, which were carried out in the field of law and economics. The author uses general scientific and special methods as those that form the basis of the work. The research substantiates that objectively the doctrine dividing law into private and public does not exist. Doctrine is the product of a sociocultural interpretation of the researcher's thinking process. At the same time, the doctrine is naturally refers to the structure of the financial market. The author analyses the internal mechanism of circulation of cash flows and settlements in the global financial market. This analysis is the empirical basis for the research and subsequent theoretical understanding. The author proves that the concept of separation of rights into private and public law is not a universal concept that is inherent in all countries. The doctrine is fundamental only in the countries with Romano-Germanic legal system. The idea of dividing law into private and public was not reflected at the doctrine level in the countries with Anglo-Saxon legal system. The problem of the substitution of concepts was enrooted directly in the very doctrine of law, which existed in Soviet times. It was connected with the absence of the concept of "private law" in the Soviet legal thinking. The idea of social justice changes beyond recognition in the direction of public law. The author focuses on the issue of how to ensure the sustainable development of the financial system and its main institutions (structures) using the theoretical concept of dividing law into private and public. The author emphasizes the need to take into account the diversity of legal understanding of the financial market as a social phenomenon. The research methodology should be as appropriate as possible to the research object. The idea of social justice should act as a regulator of mutual relations between members of society. Practical activity in the financial markets in the modern world tends to converge. Public law assumes the fulfilment of a social function. Therefore, the author comes to the conclusion that law is a means of reaching a compromise between members of society, provided that individual freedom is preserved and there is no need to oppose private law to public law. The author proves that European political and legal standards are built on such postulates, particularly concerning the field of calculations. Keywords: financial system, financial services markets, settlement relations, the doctrine of separation of rights into private and public.

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Benevolenskaya, Z. E. « Prospects for Trust in Russia : The Perspective as Seen from 2010 and 2011 Drafts Amendments to the Russian Civil Code ». Review of Central and East European Law 37, n^o 1 (2012) : 31–52. http://dx.doi.org/10.1163/092598812x13274154886467.

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AbstractThe reader of this work is offered two theses by the author: Firstly, the myopic focus on the privatization in the early 1990s reflected the general view that this was the 'only' way to divest the state of property. Because of the predominance of this policy, the state—as an owner—has been deprived of the possibility of managing state property efficiently and effectively in another way short of total divestiture of ownership; i.e., transferring state-owned assets by way of a trust (trust agreement, trust management) to professional mangers. Secondly, that the trust doctrine is not totally alien to Russian legal tradition as many renowned Russian law thinkers argued in the 1990s for example and continue to believe to this day. Indeed, the issue of whether or not the trust doctrine—as a construct involving 'split' ownership—can be 'transplanted' into Russian legal soil has been a particularly contentious part of law reform in post-Soviet Russia continuing through the present. After highlighting the 'rush to privatization' mentality in Russia, the author of the present article takes the reader into nineteenth-century Russian legal theory as she demonstrates that trust is not alien to Russia. She also traces this clear thread through the Soviet era by reference to the works of one of its leading intellectual lights in the civil-law field of that time. In the post-Soviet era, trust has already been explicitly introduced (in the first decade of the twenty-first century) into the legal space immediately bordering the Russian Federation: the new Ukrainian Civil Code. These historical digressions should help the reader appreciate more clearly the proposed 2010/2011 amendments to the Russian Civil Code. It is the view of the present author that these proposals pave the way for the recognition of the doctrine of trust in modern-day Russian law—augmenting the more limited nature of the institute of 'trust management' currently provided for under the Russian Civil Code.

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Y. V., Shevchenko. « Influence of the Soviet legal doctrine on the activity of the justice bodies of the Ukrainian SSR during the 20s- 30s of the XX century ». Almanac of law : The role of legal doctrine in ensuring of human rights 11, n^o 11 (août 2020) : 270–74. http://dx.doi.org/10.33663/2524-017x-2020-11-46.

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The article examines the influence of the Soviet legal doctrine in the activities of the justice bodies of the Ukrainian SSR in the 20s-early 30s of the XX century. It is proved that there were noticeable changes in Marxist views on law, as well as in the entire system of Bolshevik ideology at the turn of the 1920s-1930s. It was at this time that the formation of a new state version of the Bolshevik ideology began, which naturally affected the development of law. It is revealed that during the period of the 20s – early 30s of the XX century, Ukrainian SSR judicial bodies implemented a wide range of tasks. It is established that in addition to fighting criminal and other offences, since the end of the 1920s, they were increasingly faced with punitive and repressive functions. The main attention was paid to protecting the interests of the party-state Bolshevik power. It is proved that the organs of justice gradually turned into an appendage of the party-nomenclature apparatus, whose function was to implement the political will, programs and installations of the Bolshevik party, which fully corresponded to the Soviet legal doctrine, which was formed in the 20s. It is proved that the criminal justice system in the period of the 20s-30s was formed under the influence of the growing role of this party in the state and public life of the country. The ideological basis for the formation of the criminal justice system was Marxism-Leninism, in particular, the doctrine of the dictatorship of the proletariat, which was understood as power over the law. It was found that the main tasks of law enforcement agencies in fighting crime and protecting public order were ignored, or they were given minimal attention. It is proved that, after receiving quite significant powers, law enforcement officers, however, were not themselves protected from the policy of terror, and at any moment each of them could become a victim of repression. It is revealed that the justice bodies of the Ukrainian SSR, as part of the General punitive and repressive mechanism of the existing state system, performed functions that were aimed at approving the totalitarian regime. The thesis that the Soviet system of power at the stage of transition from authoritarianism to totalitarianism increasingly used non-legal methods of management is well-reasoned. The right was of a purely nominal nature, quite often it is a substitute ideology. It is concluded that in this way the state was formed with a blatantly anti-legal essence. It is proved that state coercion largely replaced law and morality in the Soviet system. It is revealed that this trend, in general, determined the nature of the functioning of justice departments of the Ukrainian SSR during the period of the 20s – early 30s of the XX century, when the punitive and repressive mechanism ignored not only morality, but also a law. Keywords: the Soviet legal doctrine, the Soviet system of power, the justice bodies of the Ukrainian SSR, State coercion, punitive and repressive mechanism.

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Nematov, Jurabek. « TRANSFORMATION OF SOVIET ADMINISTRATIVE LAW : UZBEKISTAN’S CASE STUDY IN JUDICIAL REVIEW OVER ADMINISTRATIVE ACTS ». Administrative law and process, n^o 1 (28) (2020) : 105–25. http://dx.doi.org/10.17721/2227-796x.2020.1.08.

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Judicial protection against individual and normative acts of the public administration continues to be problematic in Uzbekistan. One central reason for this mischief is the continuing prevalence of Soviet-style ideas and patterns in legal thinking as well as the legal practice. This article describes the problems of jurisdictions face when trying to overcome their Soviet heritage by developing legal protection in administrative matters, and analyses the strategies for the improvement of this situation. Key factors are a comprehensive and harmonised development of administrative procedure and administrative litigation in the field of legislation, and what might be termed a “constitutionalisation” of legal thinking, theory and teaching – i.e. the respect for values enshrined in Constitution such as the rule of law and access to judicial protection against the public administration – in the field of legal science. Uzbekistan is a good example how foreign partners and donors of international legal assistance can help strengthen these factors. This paper explores (1) to what extent Soviet thinking on judicial review over administrative acts has been set aside or to what extent is it still alive in today’s Uzbekistan, and (2) what are the transformation points of judicial review. Overall, I argue that Soviet thinking on judicial review over administrative acts has big change in legislation level under new regime of Uzbekistan, however legal reforms are not still accepted by legal practice, doctrine and legal education. To analyse these statements, the first step is to describe the main characteristics and legal reforms on judicial review over administrative acts taken in Soviet period (part II). Part III and IV analyses the current legal system and judicial practise of Uzbekistan. Lastly, I map out recent steps taken to introduce some reforms in the field of judicial review over administrative acts in Uzbekistan (part V).

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Kravets, I. A. « Value of the constitutional teleology and constitutional legitimacy of the political and ideological diversity (pluralism) : doctrine and practice ». Russian Journal of Legal Studies 2, n^o 3 (15 septembre 2015) : 80–99. http://dx.doi.org/10.17816/rjls18049.

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The article examines the legal nature and mission the constitutional teleology, the role of teleological function of the constitution in the Soviet and modern Russian legal system, the concept and types of constitutional legitimacy, the relationship of constitutional legitimacy and political and ideological foundations of the constitutional system, the nature and limitations of the principles of political pluralism, multi-party system and ideological pluralism.

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Lastauskienė, Giedrė. « Solving Cases of Historical Justice : How Lithuanians Defended Their Tribe ». Teisė 121 (8 décembre 2021) : 62–79. http://dx.doi.org/10.15388/teise.2021.121.4.

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The article raises the problem of the distinction between the law and laws arising from changes in legal order or other fundamental social changes. The legal doctrine and case-law relating to cases of historical (transit) justice are examined in the context of the examples of Germany and Lithuania. Under investigation is the model of punishment of persons who collaborated with Soviet occupiers and contributed to the elimination of participants of the resistance movement, implemented in Lithuania, revealing the factors influencing the change in this model.

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Socher, Johannes. « Lenin, (Just) Wars of National Liberation, and the Soviet Doctrine on the Use of Force ». Journal of the History of International Law 19, n^o 2 (16 mai 2017) : 219–45. http://dx.doi.org/10.1163/15718050-19231018.

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Today, the prohibition of the use of force is universally accepted as a norm of customary international law. Nevertheless, several exceptions are discussed in international law scholarship. One of them, wars of national liberation, originates in Lenin’s socialist war theory and was subsequently maintained by the former Soviet doctrine of international law. Little known in western academia, this Soviet argument of national liberation struggles to be ‘just wars’ is still alive in Russian international law scholarship today, and, therefore, a lasting legacy of Lenin’s theory of wars of national liberation in international legal discourse as developed around the time of the Russian Revolution (even if sometimes ignored) may be conceded.

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Samigullin, Venir. « Local Normative Legal Regulation : Status and Perspectives ». Journal of Russian Law 4, n^o 4 (11 avril 2016) : 0. http://dx.doi.org/10.12737/18683.

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The article provides an overview of the development of the idea of local normative legal regulation in the Imperial Russia, during the Soviet and post-Soviet periods. The author upholds the idea that the local normative legal regulation is the form (way, means, method) of the decentralized legal regulation of social relations and at the same time it is a kind of a legal channel for familiarization with democracy. The author notes that the local normative legal regulation in the sphere of public law and private law has its own characteristics. In the area of private law corporate legal regulation is being developed. The author draws attention to the necessity of distinguishing between the local normative legal regulation and normative legal regulation carried out at the level of local government within the framework of the municipal law. The author draws the conclusion that the local normative legal regulation has vast perspectives, if one follows the social partnership doctrine, which means the acknowledgement of various social interests of any social groups and granting them with the legal right and actual possibility to participate in relevant social-legal processes, in the formation of public opinion and adoption of legal solutions at various levels, including at the level of enterprises and organizations, corporations.

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Schirinsky, Oleg. « EVOLUTION OF ADMINISTRATIVE LAW AND ADMINISTRATIVE AND LEGAL DOCTRINE IN THE REPUBLIC OF BELARUS SINCE INDEPENDENCE ». Administrative law and process, n^o 2(25) (2019) : 118–32. http://dx.doi.org/10.17721/2227-796x.2019.2.08.

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In Belarus, the national doctrine of administrative law has been oriented to a large extent towards the Soviet and modern Russian legal traditions, albeit with some distinct contextual features. In this work, we review the positions of some of the most authoritative scholars, and make a number of summative judgements and conclusions. The primary aim of administrative law is to provide and create a regulatory framework for the exercise by the government authorities of their mandate and powers. The objective of administrative law is to govern and regulate the interactions between the executive power and other legal subjects in the performance of its functions. In the Belarusian doctrine, the predominant position of most scholars is that the scope of administrative law should include the administrative legal relations arising in the course of the exercise by the public administration bodies of their administrative functions, including of regulatory mandates towards external bodies, and in relation to the enjoyment by the citizens of their rights and liberties. In Belarus, the system of administrative law is customarily understood as an ordered framework composed of institutions, norms and domains, which may be divided into four sections. The first section encompasses the institutions that determine the legal status in the area of public administration of the citizen, of state bodies, of non-governmental organizations and of civil servants, it also incorporate the institutions that exercise control over the subjects of administrative law. The second section encompasses the regulations that govern liability under administrative law. The third section incorporates the norms of administrative procedure. The fourth section includes provisions that constitute the administrative legal framework for the management of the economy, socio-cultural and other spheres. Each section is comprised of the relevant legal institutions and sectors. The greatest challenge for administrative law of in Belarus seems to be the definition of the administrative procedure, which has not changed since the Soviet period. The alternative propositions presented in this work are of a purely theoretical character and should eventually be superseded by a legal definition, which views it as a distinct type of legal procedure governed by the norms of administrative procedure law grounded mainly in the Code of Execution Procedure for administrative torts. The legal term “administrative procedure” in Republic of Belarus is still identical to the concepts “administrative tort procedure” or “procedure for the hearing of administrative tort cases”. The main method of this study is that of integrated comparative analysis, with elements of the historical and formal-logical method. As a part of a comprehensive study in administrative law in the former Soviet Union, this work is intended to make a contribution to academic debate, by deepening and broadening its scope.

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STOVBA, ALEXEY V. STOVBA. « Dynamic Understanding of Law : the Attempt of Historical Explication ». Proceedings of the Institute of State and Law of the RAS 15, n^o 3 (31 juillet 2020) : 47–61. http://dx.doi.org/10.35427/2073-4522-2020-15-3-stovba.

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The following article is about the main trends of understanding of law in the former Soviet Union. These trends are the so-called "classical" and "non-classical" ("post-classical") understanding of law. At the same, time non-classical legal philosophy in the former Soviet Union doesn’t take the ideas from the Western thought uncritically but tries to elaborate its own view to the legal field. The specificity of the named view may be characterized by the concept of "dynamic understanding of law". The similar concept is the common title for the wide range of the doctrines, which were elaborated in the Russia, Ukraine and Belorussia on the edge of the centuries. These are, for example, the phenomenological-communicative approach of A.V. Polyakov, the doctrine of the legal dialogue of I.L. Chestnov, the temporal-ontological philosophy of law (A.V. Stovba), the conception of legal reality (S.I. Maksymov) and so on. It’s worth to stress, that all the named legal doctrines are independent from one another and original. But at the same time, it has common features, which allow us to significate it under the common title "dynamic understanding of law". The similar features are the next: negative position towards the reification of law, to the attempts to consider law in the frame of subject-object relations, to the representation of law as the static, continual "Ought", which regulates its object — "Is" — from the "secure" transcendental distance. Instead of this the named legal philosophers propose to consider law as dynamic (discrete and reproduced) in its core phenomenon, which originally has social roots and character. At the same time despite the originality of similar views to the law, we can find its historical parallels in the Middle Ages, in the sagas of Ancient Iceland. The conclusion is that the ideas of the dynamic understanding of law are an adequate conceptual approach to the general reasoning of the legal essence.

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Anichkin, Evgenii Sergeevich. « Development trends of the Russian constitutional law in post-Soviet time ». Право и политика, n^o 4 (avril 2020) : 18–33. http://dx.doi.org/10.7256/2454-0706.2020.4.32517.

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The subject of this research is the key, dominant and most consistent development trends of the national constitutional law in post-Soviet period (1990’s – present). The author examines the following trends: succession, reception, internationalization and cyclicity of the development of constitutional law, as well as expansion and conceptual changes in its content. Each trend is substantiated by the provisions of constitutional legal doctrine, current Constitution, legislation and constitutional practice. The main conclusions consist in the thesis that the determined trends are inherent namely to the modern constitutional law, rather than Soviet or prerevolutionary stages of its development. Moreover, if separate trends coincide with the modern constitutional law of foreign countries, in Russia they have peculiar content, justified by the specificity of state legal development of the country. The evolution of Russian modern constitutional law takes place at the intersection of constitutional distinctness and constitutional universalization. Constitutional distinctness implies the synthesis of succession, certain cyclicity in the constitutional legal sphere, and presence of the unique legal phenomena characteristic to the national constitutional legal system. The manifestations of universalization of the modern Russian constitutional law include its reception and internationalization. 

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Menshikova, A. G., et E. I. Dumanskaya. « THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT ». Russian Family Doctor, n^o 1 (15 décembre 2020) : 53–61. http://dx.doi.org/10.17816/rfd10679.

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The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.

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Menshikova, A. G., et E. I. Dumanskaya. « THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT ». Russian Family Doctor, n^o 1 (15 décembre 2020) : 53–61. http://dx.doi.org/10.17816/rfd10711.

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The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.

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Menshikova, A. G., et E. I. Dumanskaya. « THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT ». Yugra State University Bulletin 16, n^o 1 (15 décembre 2020) : 53–61. http://dx.doi.org/10.17816/byusu20200153-61.

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The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.

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Poryvaev, Serguey A., et Diana M. Mustafina-Bredikhina. « Legal interaction of public authorities and individuals in the works of N.G. Salischeva : scientific providence ». RUDN Journal of Law 26, n^o 4 (15 décembre 2022) : 976–89. http://dx.doi.org/10.22363/2313-2337-2022-26-4-976-989.

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The purpose of this article is to trace the scientific path of the development of the views of N.G. Salischeva, a prominent administrative scientist of the Soviet and Russian periods, on the interaction of the interests of individuals and public authorities, and active participation of a citizen in such legal relations. The article examines the researcher’s works of different years and her evolving views on the issues of personality perception in administrative law and administrative process with the help of synthesis and analysis. The authors investigate the perception of Salischeva’s positions and ideas in the Russian legislation, in scientific doctrine, as well as on outlined by her issues of furthering legal regulation of public power and strengthening the role of person and citizen in the administrative process, in terms of changes in the Russian society. In conclusion, the authors note Salishcheva’s contribution to the development of codified normative legal acts on administrative offenses, both during the Soviet period and the formation of Russian legislation.

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Evdokimov, Vyacheslav, Mikhail Stepanov et Maxim Zaloilo. « Search for the Most Effective Ways to Protect Legal Order During the Civil War in Russia : Formation and Activity of Police Bodies of the Main State Formations ». Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, n^o 1 (février 2022) : 35–45. http://dx.doi.org/10.15688/jvolsu4.2022.1.3.

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Introduction. The legal order as the ordering of public relations on the basis of law is one of the main elements of the state. The problem of its provision was actualized during the Civil War. The presence of a firm legal order meant the stability of the government, and also directly influenced its support from the population, stability in the rear and success at the front. An important role in ensuring the protection of legal order, along with ordinary and emergency bodies, was played by the police. Methods and materials. With the help of historical-legal, systematic, formal-legal and comparative-legal methods, the analysis of written sources was carried out, among which the main attention was paid to legislation and other official acts of the authorities of state formations during the Civil War, works and memoirs of its participants, as well as scientific works devoted to the study of this period. Results. The article shows that the most radical changes in the organization of the police were carried out by the Soviet government. The flexibility of the leadership in matters of ideology (without affecting the foundations of Marxist doctrine and the construction of socialist statehood in the country) ensured the effectiveness of the activities of the Soviet law enforcement agencies and the significant contribution of the Soviet police to restoring elementary order and countering rampant crime on the territory of the RSFSR.

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Trikoz, Elena N. « Model of the Soviet criminal law codification : methodological, legal and technical features ». RUDN Journal of Law 26, n^o 4 (15 décembre 2022) : 890–920. http://dx.doi.org/10.22363/2313-2337-2022-26-4-890-920.

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Researched process of theoretical preparation and practical experience in developing the first Soviet criminal code. It reveals the special significance, legal accessibility and partial continuity of certain provisions and constructions of the RSFSR Criminal Code of 1922, whose centenary is being celebrated this year by the Russian historical-legal and criminological community. The authors emphasize the advantages of legal codification projects, scientific doctrine (legalistic and sociological schools) and post-Russian Revolution law-enforcement practice for consistent codification by means of elaboration and adoption of drafts under the scheme: Code of Statutes / Code - Guiding principles - Republican code - basic Union code. The article analyzes the key provisions of the General and Special parts of the Republican Penal Code of 1922. It notes their keen political focus, class character of the penal system and their descending ladder, elaboration of crime from formal to substantive, the concept of potential danger and the analogy of law, paradoxical humanization by consolidating the system of social protection and non-custodial measures, new excluding circumstances, and juvenile system of penalties for minors. The research employs the system-structural, comparative-historical and functional methods, as well as special methods of technical and legal analysis, dogmatic interpretation and description of legal events and processes in specific historical circumstances of Soviet Russia in 1920s.

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LANGE, FELIX. « Challenging the Paris Peace Treaties, State Sovereignty, and Western-Dominated International Law – The Multifaceted Genesis of the Jus Cogens Doctrine ». Leiden Journal of International Law 31, n^o 4 (19 septembre 2018) : 821–39. http://dx.doi.org/10.1017/s0922156518000444.

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AbstractThe genesis of the jus cogens doctrine in international law has long been associated with a turn to a more value-laden international law after the Second World War promoted by British rapporteurs in the International Law Commission. This article builds on this narrative but adds two seemingly contradictory story lines. In the 1920s and 1930s German-speaking international legal scholars like Alfred Verdross developed the concept as a tool to renounce the disliked Paris Peace Treaties in the context of increasingly aggressive German revision policies. Furthermore, after 1945 Soviet thinkers of the Khrushchev era used jus cogens to criticize Western economic and military integration, while newly independent states regarded the concept as a promising vehicle for distancing themselves from the traditional Western international legal notions in the era of decolonization. Hence, instead of embracing a progress narrative, a dark side account, or a contributionist reading of the history of international law, this article highlights the multifaceted origins of the jus cogens doctrine.

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Sulyma, A. P. « Evolution Of Scientific Approaches To Understanding Local Corporate Lawmaking ». Actual problems of improving of current legislation of Ukraine, n^o 54 (30 novembre 2020) : 55–66. http://dx.doi.org/10.15330/apiclu.54.55-66.

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The article analyzes the origins of the modem understanding of local corporate lawmaking of corporations. The works of both representatives of the Soviet doctrine of the state and law, and the works of modern scholars were analyzed - in particular their views on local lawmaking and local corporate lawmaking of legal entities. The author expresses an opinion that most modern approaches stem from the doctrine of lawmaking of the Soviet period of science development and do not correspond to the modern development of the legal system (including such a complex area of law as corporate law) and economic relations in Ukraine. The author notes that among the types of local lawmaking, representatives of modern legal theory most often single out lawmaking of non-governmental organization, which dates back to the 70s of the XX century, suggested that they do not take into account the then understanding of the concept of «non-governmental organization». Concluded that in most works on the theory of law, which distinguish local lawmaking as an independent form, the focus is on lawmaking, which is specifically associated with executive agencies and labor relations. The author draws the conclusion that local corporate acts appeared in Ukraine and received the first theoretical substantiation by scientists because of the development of market relations and entrepreneurship, as well as the presence of dispositive norms in the laws or lack of regulation of certain relations. These allowed achieving such a settlement by adopting local regulations: the constituent documents (statute and founding agreement) and acts of internal regulation of the legal entity (so-called internal corporate acts).

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Bílková, Veronika. « Sovereignty, Property and the Russian Revolution ». Journal of the History of International Law 19, n^o 2 (16 mai 2017) : 147–77. http://dx.doi.org/10.1163/15718050-19221024.

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The article introduces two traditions of conceptualizing the relationship between sovereignty and property which have been present in legal and political doctrine and in international law. One tradition sees the two concepts as separated, the other as interrelated. The article then shows that the Soviet approach to sovereignty and property, which manifested itself in certain measures adopted after the 1917 Russian Revolution (the abolition of private property, the repudiation of tsarist debts) and which was largely informed by the ideology of Marxism-Leninism, falls under the second tradition. Finally, the article discusses how the Soviet approach to sovereignty and property sought to affect international law and to what extent it has managed, or failed, to do so.

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Pankova, O. V. « A Modern Doctrine of Administrative Jurisdiction : An Experience of Critical Rethinking ». Lex Russica, n^o 2 (1 février 2019) : 57–68. http://dx.doi.org/10.17803/1729-5920.2019.147.2.057-068.

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The article focuses on various approaches to the concept of administrative jurisdiction in modern Russian Law, analyzes the problems and contradictions in the development of the theory of administrative jurisdiction in administrative law. Methodologically, the article is based on the modern achievements of the theory of cognition. In researching the author applied theoretical, general philosophical methods (dialectics, system method, analysis, synthesis, deduction), traditional legal (formal-logical) methods. Turning to the question of the concept of administrative jurisdiction, the author touches upon the problem of its subject composition and comes to the conclusion about recognition of courts as subjects of administrative jurisdiction and the existence of administrative and judicial jurisdiction as a form of this legal phenomenon. In this regard, the author substantiates the view concerning the need to abandon “narrow-wide” understanding of administrative jurisdiction that is considered precisely as outdated stereotypes of the Soviet era.Also, the study of subjects of administrative jurisdiction that is associated with a legal conflict is of considerable interest. In this context, the author raises the issue of the legal nature of the court’s activities with regard to application of administrative responsibility, believing that, on the one hand, it is a manifestation of activities that can be considered as an independent form of administrative jurisdiction. On the other hand, this activity amounts to justice, within the framework of which the judicial power is exercised.Having studied administrative jurisdiction as a category that allows revealing the content and legal essence of this type of state activity, the paper defines administrative jurisdiction in the context of its connection with judicial jurisdiction and justice.

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Shakhbazyan, Satenik Vrezhovna. « Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law ». Юридические исследования, n^o 5 (mai 2020) : 35–62. http://dx.doi.org/10.25136/2409-7136.2020.5.28845.

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The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

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Khamukov, A. V. « Constitutional status of the republic as a subject of the federation in the doctrine of Soviet and Russian federalism ». ADYGHE INTERNATIONAL SCIENTIFIC JOURNAL 22, n^o 3 (2022) : 64–76. http://dx.doi.org/10.47928/1726-9946-2022-22-3-64-76.

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The article examines the constitutional status of the republic as a subject of the Russian Federation from a theoretical and legal point of view, reveals its concept and content. The evolution of this status is traced, reflecting the evolution in the domestic theoretical and legal science of legal ideas about various forms of statehood of the subject of the federation and their content. According to the author, ideas about the constitutional status of a republic within the Russian Federation are influenced by the process of improving Russian federalism, constitutional relations, and this is an objective process.

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Ірина Олександрівна Зінченко et Yevhen Valeriiovych Shevchenko. « Survey of the doctrine of the multiplicity of criminal offenses in the scientific works of Professor M. I. Bazhanov ». Herald of the Association of Criminal Law of Ukraine 2, n^o 18 (19 décembre 2022) : 52–68. http://dx.doi.org/10.21564/2311-9640.2022.18.267490.

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The article is dedicated to the memory of the well-known scientist Professor M. I. Bazhanov, who made a significant contribution to the formation and development of the modern domestic science of criminal law. It was noted that at the Department of Criminal Law of the Yaroslav Mudryi National Law University, the institute of multiplicity of criminal offenses it was the doctor of legal sciences, professor, academician of the Academy of Legal Sciences of Ukraine Mark Ihorovych Bazhanov who initiated the offenses. In his works such as "Prescribing punishment according to the totality of crimes and totality of sentences (1977), "Prescribing punishment according to Soviet criminal law" (1980), "Criminal law of Ukraine. General part" (1992), "Repetition of crimes as a type of multiplicity of crimes" (1993), "Multiplicity of crimes under the criminal law of Ukraine" (2000), several editions of the textbook "Criminal law of Ukraine: General part" (2001 , 2003) considered a wide range of issues related to the characteristics of the institution of the multiplicity of criminal offenses, their concepts, signs and types, problems of punishment, other legal consequences. Much attention was paid to Professor M.I. Bazhanov devoted himself to the study of single criminal offenses as structural elements of the multiplicity of criminal offenses. In particular, under his scientific guidance, two dissertations of candidates of legal sciences were prepared and successfully defended, devoted to the specified torts: in 1990 - I. О. Zinchenko: "Compound crimes in Soviet criminal law: concepts, types, some problems of qualification and construction of sanctions" and in 2002 by Ye. V. Shevchenko: "Crimes with derivative consequences". Thus, there is no doubt that M. I. Bazhanov's contribution to the study and development of the doctrine of the multiplicity of criminal offenses is extremely important, and his scientific concepts and expressed ideas are still relevant for the doctrine of criminal law today.

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