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History of State and Law №1 - 2014

ИМПЕРИЯ И ЕЕ ЗАКОНЫ: РЕТРОСПЕКТИВА
  • Isaev Igor 'Andreevich,

    Empire: the Wondering City and reflections thereof p. 3-8

    Isaev Igor 'Andreevich, Honored Scientist of the RF, Head of the Chair of History of State and Law of the O.E. Kutafin Moscow State Law Academy, doctor of juridical sciences, professor

    Empire: the Wondering City and reflections thereof

    The article analyses the idea of empire which prevails in medieval legal conscience. The influence of Rome was corrected by eshatological motives brought by the Christianity. The theological ideas were closely connected to legal ideas, corporate and Canons legal conscience. The medieval law was under certain influences of Canonic legislation and religious ideas. The political theology of medieval Europe was forming.

  • Loskutov Segrej Mikhaylovich,

    Internal agents in the struggle against terror in the Russian Empire at the end of the XIX - beginning of the XX centuries p. 16-20

    Loskutov Segrej Mikhaylovich, graduate student of the O.E. Kutafin Moscow State Law Academy

    Internal agents in the struggle against terror in the Russian Empire at the end of the XIX - beginning of the XX centuries

    The article considers the internal agency as a method to fight terror in the times of the Russian Empire. The author reveals the development of this method, highlighting its main stages: emergence of such idea, development of unwritten rules, consolidation of practice of use the internal agency in special instructions and circulars.

  • Lazorin Kirill Borisovich,

    Centralization and decentralization as principles of Russian state governance in the 18-19 centuries p. 21-26

    Lazorin Kirill Borisovich, president of the Notarial chamber of Nizhny Novgorod,postgraduate, PhD candidate at The Department of Theory and History of State and Law, St-Petersburg University of Management and Economics

    Centralization and decentralization as principles of Russian state governance in the 18-19 centuries

    The article analyses the reforms of state governance in Russia with a special focus on the interactions of the central and local governments. It also studies the issues of state authority delegated to local governance and the control system over its realization.

  • Trofimova Irina Nikolaevna,

    National territories and national politics in Russia: historical experience and comprehensive problems p. 27-31

    Trofimova Irina Nikolaevna, leading researcher in Institute of sociology of Russian academy of sciences, doctor of political sciences

    National territories and national politics in Russia: historical experience and comprehensive problems

    Historically, the relations between Centre and national territories are developed on the basis of a combination of the various unified and differentiated approaches. The main criterion of development of these relations should become increase of potential and a role of region in an economic and cultural life of the country.

ПРЕСТУПЛЕНИЕ И НАКАЗАНИЕ: ВЕЧНАЯ ПРОБЛЕМА
  • Smolyarov Maxim Vladimirovich,

    Institute of punishment on the Projects of the Criminal Law of 1754-1766 p. 32-35

    Smolyarov Maxim Vladimirovich, Lecturer, Department of Civil Law and Procedure of The Academy of Law and Management of the Federal Penal Service

    Institute of punishment on the Projects of the Criminal Law of 1754-1766

    This article analyzes the institution of punishment on the Projects of the Criminal Law of 1754—1766. The author believes that the current reform of the penitentiary system can not be carried out without taking into account historical experience, including legislative reform thought XVIII century. The concept of development of the penitentiary system of the Russian Federation until 2020, which was adopted by the Russian government in October 2010, according to the author, is entirely based on humanistic principles projects criminal code in 1754—1766, and other documents of the XVIII century. It is with the humanist tradition of the Criminal Law Project began the process ofjustifying the need to reform the prison system in the Russian Empire.

  • Vlady 'kina Tat'yana Anatol 'evna,

    Theory and practice of criminal judicial proceeding: lessons of the Russian history p. 36-40

    Vlady 'kina Tat'yana Anatol 'evna, candidate of juridical sciences, assistant professor of the Annunciation Branch of Contemporary Humanitarian Academy

    Theory and practice of criminal judicial proceeding: lessons of the Russian history

    The article examines processes associated with theoretical formation of the most important categories included in the system of criminal law and criminal action law and existed in Soviet Russian in 1917—1920. The issues analyzed by the author are central for understanding of the special of a criminal prosecution in this history period.

  • Ospennikov Yury Vladimirovich,

    Features of legal proceedings according to the Novgorod Judgment diploma p. 41-46

    Ospennikov Yury Vladimirovich, professor of chair of the theory and history of state and law, Samara law institute of the Federal Penitentiary Service of Russian Federation Samara legal institute FSEP of Russia, doctor of jurisprudence

    Features of legal proceedings according to the Novgorod Judgment diploma

    In the article debatable aspects of legal proceedings according to the Novgorod Judgment diploma come to light, stages and the principles of the Novgorod trial reveal. The subject of article reveals on the basis of the analysis of the Novgorod Judgment diploma and law-enforcement acts of the XIV—XV centuries.

  • Alekseev Vasilij Ivanovich,

    Permissions and prohibitions in criminal-penitentiary law in the context of penitentiary-pedagogy activities in the places of deprivation of freedom (1879-1917) p. 47-52

    Alekseev Vasilij Ivanovich, assistant professor of the Chair of Theory of State and Law and International Law of the Institute of State and Law of Tomsk State University

    Permissions and prohibitions in criminal-penitentiary law in the context of penitentiary-pedagogy activities in the places of deprivation of freedom (1879-1917)

    The article examines the experience of penal and educational activities in which persuasion and coercion is a dialectical relationship, and permission are included in the process offorming the motives prisoners aimed at their re-socialization.

  • Kozel 'skaya Nataliya Leonidovna,

    Institute of guilt in the Russian criminal legislation: historical aspect p. 53-58

    Kozel 'skaya Nataliya Leonidovna, graduate student of the Chair ofCriminal Law and Procedure of the Juridical Institute of the Federal State Budgetary Educational Establishment of Higher Professional Education "State University — Education, Science, Production Complex"

    Institute of guilt in the Russian criminal legislation: historical aspect

    This article is about the history of the institute of fault in the Russian criminal legislation. The author consistently describes the process of the creation of standard treatment offault, its forms and signs, since the first ideas of the subjective relation of the person to the performed act till modern level, and also characterizes the regulations from a position of the legislative textology.

  • Sigarev Andrej Vasil'evich,

    Punishment for negation: on the issue of juridical responsibility for distortion of historical facts p. 59-63

    Sigarev Andrej Vasil'evich, assistant professor of the Chair of Constitutional and Municipal Law of the Siberian Institute (Branch) of the Russian Academy of Peoples' Economics and State Service attached to the President of the RF, candidate of juridical sciences

    Punishment for negation: on the issue of juridical responsibility for distortion of historical facts

    This article discusses the legal liability for the negation or distortion of historical facts.