The article deals with the possibility of applying the systematic methodology in the process of investigating both the integral state-legal matter and the transitional one in terms of changing the social system on the example of the history of Russia of XX century. Purpose: to carry out the analysis of the existing system methodological tools for understanding the features of state-legal matter in transitional periods of Russian history. Methods: methodological basis of the research are system and historical methods to uncover quality content of the legal matter of the transitional period; to distinguish the principal difference between system and intersystem state-legal situation; to investigate the distinctive features of system changes in public and legal superstructure when moving from one social system to another; to review denying the possibility of topology of state and law of the transitional period. Results: during the investigation the basic approaches in system methodology were studied, including the possibility of its application in the process of studying the legal superstructure of the transitional period. The author agrees with the views of those scholars (A.I. Uyomov, D. G. Krasilnikov), who draws attention to such important feature of the system as relativity which allows to move away from characterizing the social systems and their subsystems only through the prizm of presence or absence of the integrity sign. Analysis of correlation of state-legal superstructure elements and strategic development of competing public systems allows us to provide both common and special typological features of state and law of the transitional period in the history of Russia. Conclusions: fundamental difference of approaches to systematic methodology concerns not the form but the content of its categorical framework. The categories of “system”, “nonsystem”, “intersystem” help carry out a more in-depth analysis of the legal superstructure in the process of changing social systems.
This article presents the history of (the development of) the definition of fraud since times of «Russian Pravda» to the Criminal Code in 1903. The term «fraud» before appearing in the form in which it exists now in the Criminal Code took the difficult path of the composition formation and characteristic features. It is necessary that at that level of historical development criminal law has been adequately established criminological and economic situations and has good preconditions for further development and improvement, including through a more precise definition of legal concepts.
In present article the question of Justice of the Peace establishment is concerned, debatable questions about new institution to Russian empire are emphasized; also the new court system established as a result of Alexander's II reforms, is discussed.
The article touches upon a historical aspect of the struggle against a slave – trade in the Russian state in XVII – XIX centuries. The major attention is paid to the collaboration with the European countries concerning a struggle against a Negroes – trade. The main intergovernmental meetings on the solution of this problem are pointed in the article, they are: the Viennese congress, conferences in London, Ahen, Berlin, Brussel. The article throws the light upon intergovernmental measures on a Negroes – trade suppression and the fact that this process is announced criminal in accordance with the internal legislation
Work is devoted a substantiation of application of methods of synergetrics for revealing of laws of influence of social indicators on a criminality condition. Practical value of application of methods of synergetrics for revealing of laws of influence of social indicators on a criminality condition consists that these methods do possible construction of the forecast of the criminality based on universal laws of behaviour of difficult nonlinear hierarchical systems, badly giving in to usual modelling.
The article examines the contents, criteria and characteristics of the principle of reasonableness in contract law. The author summarizes the materials of judicial practice and determines the main trends in the application of the principle of reasonableness by the courts.
The results of the round table on the topic “Organic Production: Environmental and Legal Basics” (Moscow State University, April 2020). The article provides a comparative legal analysis of the provisions of the Federal Law «On organic products and on amendments to certain legislative acts of the Russian Federation» and a number of laws of the CIS countries in the field of organic production or ecological agriculture. Based on the study, it is concluded that the analyzed ones are built on the basis of a general legal model, but there are some differences in legal regulation. Based on the analysis of foreign legislation, directions for improving Russian legislation are formulated.