The humanities and social science

The humanities and social science

State and law

Some allocation issues of the principles of uncodified branches of law

Abstract

The principles of law are considered within the positivist legal understanding as the normatively fixed fundamental concept of each industry. The general legal principles enshrined in the Constitution of the Russian Federation are thought to directly apply both in codified and uncodified industries, regardless of whether they are duplicated in industry legislation or not. The article highlights a number of problems related to the allocation of the principles of uncodified branches of law. Firstly, it is rather unclear whether a particular legal entity is a specific branch of law or not. This is particularly difficult in the case of uncodified branches of law. Secondly, some of the criteria for recognising legal principles that are characteristic of codified branches of law do not work when identifying the principles of uncodified branches of law. Thirdly, sectoral principles in codified branches of law are enshrined only in the Constitution of the Russian Federation and/or sectoral codes. In uncodified branches the source of enshrining the principles of law is the Constitution of the Russian Federation and branch uncodified legislation that is a set of normative legal acts. In this situation the problem arises whether any normative legal act can enshrine the principles of the corresponding branch or only in some basic act which replaces the codified act? Finally, if the author accepts the possibility of principles of law being enshrined in different normative acts, the problem arises of the hierarchy and correlation of principles from different normative acts. The article outlines the ways to solve these challenges.

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On the role of the results of operational search activities in contemporary criminal proceedings

Abstract

The article is devoted to the analysis of the place and role of operational-­investigative activities results (hereinafter — ORD) in modern criminal procedural law. The views established in science regarding the use of materials obtained in the course of conducting operational-­search activities (hereinafter referred to as ORM), as well as existing law enforcement realities, correlate with the views established in science regarding the use in criminal procedural evidence obtained during the conduct of operational-­search activities (hereinafter referred to as ORM). The article reveals the inconsistencies between the theoretical provisions and the requirements put forward by objective reality to expand the practice of using the capabilities of the operational units of the inquiry bodies for the purposes of criminal proceedings. The author aims to establish the reasons for the skeptical attitude of process scientists to the ORD results and substantiates the provisions on the leading role of the court, the prosecutor’s office as independent guarantors of human rights and a citizen in the implementation of individual ORM. Methodologically, research relied on the dialectical method of scientific knowledge, logical, comparative legal methods, as well as observation and other particular methods of studying legal phenomena. The research used doctrinal sources, as well as domestic legislation as the sources of study material. Conceptual proposals were put forward to improve the theory of criminal justice, with the aim of its rational updating, as well as possible ways to improve the Criminal Procedure Code of Russia.

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Tactical and psychological problems of maintaining public prosecution in jury trial

Abstract

The article states that psychological knowledge is important for effectively exercising state prosecution in a jury trial. The main purpose of the research is to establish and analyze existing tactical and psychological issues of prosecutor’s participation in court proceedings in criminal cases with the participation of jurors and to develop proposals for their solution. The set of general scientific and special methods is the background of the methodology of research. The article identifies common strategies the defense can illegally influence jurors and emphasizes the importance for the state prosecutor to consider the confessional and national characteristics of the region where the case is being considered. It also looks into the necessity to develop a unified approach to delimitation of illegal and acceptable influence on jurors. The article considers the challenges of overcoming psychological influence of the attorney for the defense on the jury; the influence of certain emotions of the jury on the final verdict in the case; determines the character of certain evidence and circumstances of the criminal case upon the jury; establishes the degree of external communication influence on the jury. The conclusion is made about the necessity of developing applied solutions of supporting the prosecution in the court of jury on the basis of interdisciplinary approach.

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History. Historical sciences

The image of Russia as a result of a political conjuncture, or The Metamorphosis of Abbé de Pradt

Abstract

The focus of the article, written within the framework of the imagological approach, is the reconstruction of the image of Russia in France during the years of the Restoration. The article is based on the analysis of the views of the famous French diplomat and politician Abbé D. de Pradt (1759–1837). The relationship between the image of Russia in France and the current political situation is revealed by the example of the journalistic works of Abbé de Pradt. The article sees Russophobia as a mechanism for solving French problems. It is also concluded that the image of Russia created in the West was, on the one hand, very stable and based on ingrained stereotypes of perception. On the other hand, this image depended on the political situation. The image of Russia created by Abbé de Pradt turned out to be very elastic, mobile, dependent on the political conjuncture. Abbé de Pradt never had any sympathy for Russia and created openly anti — Russian pamphlets. However, at the time when France was looking for an ally and saw Russia as such, rational Pradt diametrically changed his own position. At the same time, the optics of superiority, characteristic of post-­Napoleonic France, and the view of Russia as a power was never strong as it looked, remained an invariable feature of his works.

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Cultural and leisure activities in the Kaliningrad region in the second half of 1940s—1980s

Abstract

The article analyses cultural life and leisure activities in the Kaliningrad region during the Soviet period. The concepts of “leisure”, “free time” at different times were different in contents. On the one hand, leisure was understood as time when people recharged after hard work, and on the other hand, it meant their spiritual development. On the basis of archival and published sources, as well as interviews with immigrants, the author attempts at reconstructing the idea of leisure time activities of Kaliningrad residents on the new Soviet territory. The study also analyzed the instruments of state control which were applied to this important part of human life. In particular, the measures of the state, aimed at ensuring that the majority of free time people spent centrally, are considered. Leisure time for the Kaliningrad residents in the 1940s is considered to have been primarily a way to arrange their personal life. In the 1950s and 1960s, as the general level of well-being of the population increased, there was a demand both for the diversity of the repertoire of artistic works and for the material arrangements of leisure facilities. The 1970s—1980s were a time when leisure time was clearly influenced by foreign culture, the most active interest in which was shown by young people. Here the region was characterized by the presence of more sailors who brought home elements of this culture in the form of records, tape recorders, and other household items from their overseas voyages.

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Achievements and challenges in the Kaliningrad healthcare system during “real socialism”

Abstract

The article identifies and examines a number of trends in the development of healthcare system in the Kaliningrad region in the second half of the 1960s and the first half of the 1980s in comparison with the national tendencies. The processes of this time, unlike the years of early development of Kaliningrad healthcare, are poorly studied. The main sources are the documents of the Health Department of the Kaliningrad region, Oblispolkom (Regional Executive Committee) and the Bureau of Medical Statistics from the respective funds of the State Archive of the Kaliningrad Oblast. Further development of the health infrastructure, the reduction of infant and maternal mortality, the success in developing the ambulance system, a significant increase in the number of doctors and paramedics, and the expansion of access to basic healthcare for citizens are the features of the period under review. However, not all staff problems had been solved. The weak point of the regional healthcare was oncological and dental care, the need for which was constantly increasing. There were difficulties with implementing construction plans for new objects of public health services, some of which had turned into real long-term projects. The lack of financing made it impossible to solve a number of problems related to the obsolescence of equipment and medical technology. Despite successes in the control of infectious diseases, there was a high incidence of dysentery and other intestinal infections in the region. The 1970s saw further development of the system of sanitary education, which reached a large proportion of the population of the region. However, the sources do not allow to assess the efficiency of this measure. Processes that were taking place in Kaliningrad regional healthcare system were typical for the country as a whole, showing slow increase in the manifestations of a systemic crisis. The peculiarities of the region, which mitigated this tendency, included high indicators of provision of medical workers in the region, a closer connection between rural and urban healthcare and a younger average age of the population.

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Fort №5 in the historical memory of Kaliningrad residents

Abstract

The Königsberg Fort № 5 “Friedrich Wilhelm III”, built in the second half of the 19th century was never used in military operations before the Second World War. But during the storm of Königsberg by the Soviet troops in April, 1945, it had been exposed to the attacks of all kinds of forces of the 3rd Belorussian front for four days and was surrendered by the German command. Later fifteen men were awarded the title of Hero of the Soviet Union for the fort storming. The article is based on the unpublished documents dating from 1970—1980s from the archives of the Kaliningrad Regional Museum of History and Art which are related to the events of the East Prussian invasion. The author studies the process of including the former German fortress in the historical memory of the Soviet Kaliningrad inhabitants. The article identifies the reasons for the museumisation of the fortress among other fortification structures and its formation as a place of memory. Two concept plans of turning the fort into a memorial are described and analyzed in detail: projects by sculptors from the Moscow organization Rosmonumentyskusstvo and by workers of the Regional Museum of History and Art. The conclusion is made about the principles of reconstruction and the limits of what is admissible in the process of adjusting the German monuments to the objectives of the memory policy aimed at filling the historic landscape of the city with the Soviet attributes. The conclusion substantiates the key role of the memorial opened at Fort № 5 as a mediator (media) between the past of the region and the inhabitants of the region to promote the historical narrative about the storming of Königsberg by the Red Army as the central event of the East Prussian operation of 1945.

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Society and politics

Cultural heritage protection in Russia and Germany: challenges and solutions

Abstract

Cultural heritage sites play an important role both in terms of the study and preservation of the culture and history of a particular territory, and in terms of their importance in recreation and tourism as a “soft power” for shaping a positive image in the geopolitical arena. These two components are directly related: the maintenance of cultural heritage objects in proper condition allows them to be used in economic activities, for example in tourism; and the economic well-being of their owners, in turn, allows them to seek funds for their restoration and reconstruction. Legal aspects have a key role to play in optimising the system of “protection-use”. Different countries have different laws governing this relationship. While both Russia and Germany are at the forefront of this issue, there are also differences, which, if identified and compared, would further optimise the legal framework. The aim is to compare the experiences of Germany and Russia in the preservation and use of cultural heritage objects. The methodology of the study is based on a study of the legal framework of these states in this field. The study compares the laws and provides concrete examples of the legal framework. Particular attention is paid to public-­private partnerships. It has been revealed that Russian legislation is more restrictive in terms of protection of cultural heritage, while the legal provisions and their practical application have stimulated the development of public-­private partnerships (PPP) in Germany, which in turn has helped to preserve and put into modern use a significant number of cultural heritage objects. This experience can also be applied to Russia.

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Geopolitical security of contemporary Russia: essence, structure, fundamentals of monitoring

Abstract

The article examines the essence of the geopolitical security phenomenon, studies the specifics of the geopolitical security of modern Russia. The main threats and vulnerabilities affecting the current state of Russia’s geopolitical security are highlighted. The author determines necessity, content and structure of the process of monitoring the geopolitical security of our country. As a part of monitoring the process of threats and vulnerabilities development, it is proposed to use such sociological technologies as content analysis and event analysis. The purpose of the study is to reveal the specifics of the phenomenon of geopolitical security of the Russian Federation and some ways to ensure it. The author employs systematic, comparative and phenomenological research methods. The author suggests definition of the “geopolitical security” concept as such a state of security of the geopolitical space of society from threats and vulnerabilities that it can ensure the unhindered survival and development of this very society. It is argued that geopolitical security is a systemic phenomenon, and its implementation is also a systemic phenomenon, for which constant monitoring of its current state is important. The author’s definition of the concept of “monitoring the state of geopolitical security” is given as a study of the process of formation, changes in time and ways of eliminating and/or preventing threats and vulnerabilities for the existence and development of this society.

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