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Courier of Kutafin Moscow State Law University (MSAL))

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No 8 (2018)
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EXPERT OPINION

20-33 282
Abstract
The article analyzes one of the most important phenomena of legal reality - a constitutional act that can be considered as a “metric" for all other legal acts and regulations. The Constitution plays the role of the basic norm for the legal system. Its forms (text) are diverse, the essence remains inconspicuous: it expresses the real and fundamental structure of society and statehood that gave birth to it. This essence is most clearly expressed in the constitutions fixing the results of the revolutionary transformation. In these cases, the constitution becomes not only an act that consolidates what has happened, but also an instrument for the long-standing development and transformation of society. The author in his article sought to highlight some common features characteristic of all constitutional acts and declarations known to European political culture.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУ КИ К ИСТОРИИ РОССИЙСКОГО КОНСТИТУЦИОНАЛИЗМА

34-50 219
Abstract
In this article author considered the formation of state-legal ideas at the beginning of the Modern Era - the second half of the XVI - the beginning of the XVII centuries. The interrelation between the historical process, the development of society and the state and the formation of ideas for the legal regulation of state construction and the relationship between authority and the individual are analyzed. On the basis of the state and legal acts of the Time of Troubles, the Russian society seeks to establish legal norms in state building, to limit autocracy and bureaucracy on the basis of recognition of natural rights and the establishment of just state institutions. The work considers historical, legal and ideological aspects of the formation of ideas about the state structure that formed the basis of Russian legal thought.
51-66 242
Abstract
As you know, one of the issues planned for the implementation of reforms during the reign of the reign of Emperor Alexander I was the question of drafting a Russian constitution. In the specific conditions of the Russian Empire of the early XIX century, this constitutional project took the form of «Letters to the Russian people», which was supposed to be approved and promulgated on the day of his coronation in the opinion of Emperor Alexander I. The main draft of the Charter, considered in the Secret Committee, was the project of A.R. Vorontsov, a famous statesman of the era of Empress Catherine II, returned to the civil service at the beginning of the reign of Emperor Alexander I. At its core, the A.R. Vorontsov project was a feudal charter composed primarily in the interests of the nobility, but affirming and affirming in it a number of rights of philistines and merchants, as well as peasants, gives grounds to speak of its partially universal character. For various reasons, Emperor Alexander I never decided to approve this project, nevertheless, this project has great scientific significance.
67-73 273
Abstract
The article considers constitutional projects as a direction of Russia’s foreign policy activity since the 19th century. - the draft constitution of the Ionian Islands, prepared in 1804, the Constitution of Finland in 1809, the Constitution of Poland in 1815. In the last constitution, one of the most liberal at that time, electoral systems operated. The adoption of the Basic State Laws of the Russian Empire in 1906 was a statement of practical constitutionalism in our country. In the solution of the most important questions of state life, the main role belonged to the emperor. For the first time the unitary form of the state structure is clearly legally fixed. As a guarantor of state unity, the national language is called Russian. Of particular importance for practical constitutionalism was the creation in Russia of a bicameral parliament, and the people's representation in the person of the second chamber - the State Duma. The status of a person, a citizen, is enshrined following the provisions on the essence of the supreme autocratic power. The same approach was adopted in our country in the future - this was done in the Constitution of the USSR in 1977 and the Constitution of the Russian Federation of 1993. The Basic State Laws of 1906 stipulate provisions relating to all the components of the status of the Russian citizen. The adoption of the Basic State Laws of 1906 was the starting point for the establishment of practical constitutionalism in Russia.

АКТУАЛЬНЫЕ ПРОБЛЕМЫ ИСТОРИИ СОВЕТСКОГО КОНСТИТУЦИОНАЛИЗМА (1918-1977 ГГ.)

74-91 224
Abstract
The article provides a comprehensive study of the legal continuity and modern view in the development of personal rights and freedoms of citizens in the RSFSR Constitution 1918. According to historical events the author considers the main achievements of the first major law in Soviet state relating to extension of rights and freedoms of working class.
92-104 188
Abstract
This article deals with the legal status of the government in the soviet state. Author analyses constitutional acts, stipulating the way of forming, rights, obligations and responsibilities of the government on every stage of state development. Author determines that ideology component played an important role in constitutional construction in USSR. Party organs being legally not the part of the system of public administration were the core organs in the soviet state.
105-110 229
Abstract
In article on the basis of archival materials and articles of Constitutions 1918 of dynamics of participation of female population in election campaigns of the Kursk province in the beginning the 1920th is analyzed. Mechanisms and forms of involvement of women to formation of the Soviet authorities, the reasons of low political activity of workers and peasants are investigated.
111-116 228
Abstract
The article deals with the project of the USSR Constitution of 1964, which expresses the desire to strengthen the principles of legality and judicial independence, to prevent the possibility of mass arbitrariness and humiliation of the individual. The author notes that the project has given impetus to further research in the sphere of constitutional control. On the whole, these developments became the beginning of the process of democratization of the state system, based on the principle of separation of powers with an independent, independent and fair court.
117-126 182
Abstract
The actual implementation of the main political document of the country shows that, despite the changing facade signs, we are moving on the same model of constitutional and historical development of the Russian state. The defects of the constitutional and legal structure entail the defects of the state and legal structure, affect the relationship of political and economic life of the system «society-state». The main problem of the Russian legal science is the lack of interdisciplinary studies of the implementation of the Constitution norms, since the Constitution of the RSFSR in 1918, their impact on the socio-economic well-being of the population. The results of collective and interdisciplinary research and the development of a natural formula for the success of the Russian state should be used in the construction of A new system of Russian legislation and a new Constitution.

ОБРАЗОВАТЕЛЬНАЯ СРЕДА

127-133 242
Abstract
The article is devoted to the historical path of legal education in the global context is explored, showing that the continental European system of training of lawyers, which is the successor of the Roman law school, is based on the priority of fundamental disciplines, while the Anglo-American school, formed from scratch on the guild principle, gives priority to practical pursuits. The Russian system of juridical education is organically close to the continental model, and therefore the fundamental importance in the domestic system of training lawyers is given to fundamental theoretical knowledge.

TRIBUNE FOR YOUNG SCIENTIST

134-138 220
Abstract
The article tells about the history of the constitutional organization of the foundations of public administration in Russia during the Novgorod Republic. The author undertakes a comparative analysis of the institutions of democracy of medieval Novgorod and Sweden.
139-142 294
Abstract
This article examines one of the most important and mysterious issues of the end of the Russian Empire: the fate of the Royal gold in the Best world of 1917. The social structure and social mobility of the population, the city and the village in the process of breaking the huge state, at the beginning of the XX century are also marked here. The evolution of international relations, the mentality of different classes as a factor of social dynamics and the collapse of four empires can not be imagined without the financial side of the issue.

LAW IN HISTORICAL REFRACTION. Legal Monuments

ЮРИДИЧЕСКОЕ НАСЛЕДИЕ

ИЗ ПЕРИОДИКИ ПРОШЛОГО

ПОСТСКРИПТУМ ДИСКУССИОННЫЕ ЗАМЕТКИ УЧЕНЫХ МУЖЕЙ



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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)