No 3 (2019)
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HISTORICAL SCIENCES
8-15 182
Abstract
The author studies the problem of the Russian SFSR foreign policy in 1918 in connection with German military invasion to the South Caucasus and the occupation of Georgia. For the first time ever the issue of Soviet and German relations around the South Caucasus in 1918 is considered and the author does it at the level of diplomatic interaction. The sources for study are different historical documents: periodical materials, diplomatic correspondence, A. A. Ioffe's and G. V. Chicherin's business correspondence, sources of personal origin (N. A. Ioffe's and A. I. Hatisov's memoirs). Reconstructing after-revolution atmosphere on the South Caucasus, the author concludes that there was some period of time when Caucasian political leaders were trying to contact with other fragments of the empire, with the Ukraine and the North-Caucasus in particular. The withdrawal of the Caucasian army and getting power by the Bolsheviks in Petrograd were reasons for independence of the Transcaucasian Commissariat and the Transcaucasian Sejm and these ones began to seek support from the international community. By the end of May 1918 the South Caucasus was divided into three independent republics, each of which had its own foreign policy objectives. In particular, Georgia, in order to protect themselves from Turkish aggression, called on Germany to help. Analyzing the situation at the regional Caucasian level and the level of foreign policy of the Soviet government, the author makes one more conclusion. The Bolsheviks, having given the right to self-determination to the peoples of Russia, had completely different geopolitical and ideological plans. In 1918, they could not hold the South Caucasus politically and politically, and that would contradict the Declaration of the Rights of the Peoples of Russia. However, they tried every possible way to hold off German influence in the region, as they feared to loose Georgia forever. The embassy in Berlin and the People's Commissariat for Foreign Affairs had to constantly maintain the balance between maintaining peaceful relations with Germany and limiting their influence on Caucasian affairs.
16-21 139
Abstract
The article analyzes the consequences of the fall of Hosni Mubarak's pro-American regime in February 2011 in Egypt, due to the events of the Arab Spring, which threatened the entire security system in the Middle East. The coming to power in 2012 of Islamist Mohammed Mursi opened the way for the restoration of diplomatic relations between Egypt and Iran. The union between the two countries could become the basis for a new alignment of forces in the region. The article focuses on the visit of Iranian President Mahmoud Ahmadinejad to Cairo in February 2013. It was the first official visit of this level since the victory of the Islamic Revolution in Iran and the severance of diplomatic relations. The article analyzes the reasons, plans and goals of the visit for official Tehran. The study features the content of the main meetings and bilateral negotiations, both at the official and non-official levels. It is shown that the visit of the Iranian delegation to Cairo demonstrated the presence of objective reasons, both internal and external, which made it impossible to complete the process of restoring full-fledged relations between Iran and Egypt at that time. The military coup and the overthrow of M. Mursi, again "froze" the relations between the two countries for an indeinite time.
22-33 241
Abstract
The recent years have witnessed a growing number of scientific publications related to the study of funeral and memorial ceremonies, which acquired a new semantic content in the late Bronze age. It can be largly preconditioned by the growth of the status of the horse in these ceremonies. At the same time, the social importance of military burials was growing, along with the increase of the number and variability of the weapons items. At the same time, there were records of the noticeable changes in the conduct of military operations, which became a permanent source of income for the emerging military class. The processes were reflected in the objects of religious sculpture. Those included images of chariots, horses, horsemen and horses. There exist extensive scientific studies devoted to these topics. However, there are no consolidated studies with data analysis of this complex phenomenon in the Russian historiography. It signiicantly hinders the study of the events of the inal phase of the late bronze age of Caucasus. The formulation of this thesis is a new approach in the study of the zoomor-phic and anthropomorphic forms. The present article is the author's contribution to the study of this subject, which is intended to some extent fill the existing gap. It presents the basic positions of researchers studying the problem, provided with a number of author's comments. We conclude that the topic related to the study of the role of horses and offensive weapons in the funeral rites of the Caucasian tribes in the late II - first centuries of the I Millennium BC has a signiicant scientiic potential. This is especially relevant for the study of the role of such objects as bows and arrows, which are actively used by the mobile-pastoral and the sedentary agricultural population of the Central Caucasus. The study of the subject can be in demand to establish the cause-and-effect relationships between changes in the production cycles and the development of new elements of ritual norms peculiar to the local ethno-community in the era of the widespread transformation of the production and the economic models.
34-42 118
Abstract
The author uses unique archival sources for the first time in the article. The article studies the "Abramov Case" of 1877. Its essence is the oficial investigation carried by Caucasian theological seminary as regards an unprecedented initiative of a fourth-grade student Yakov Vasily-evich Abramov to critically analyze the educational system in education institutions of this type and to supplement the traditional disciplines of the seminarist course by independent study of natural science and socio-political literature. The above-mentioned fact of Abramov's biography gives an idea of how the worldview and the ideological development of the future Russian enlightener, theorist and practitioner of culturalist trend in the reformist populism of the 1880-1890s was formed. The analysis of documents on the "Abramov case" signiicantly enriches knowledge about the worldview formation of an outstanding enlightener, gives an idea of the genesis of his enlightenment intentions, shows that his striving for knowledge and belief in the power of knowledge strengthened him in understanding the role of education, culture, education in ensuring the country's socio-cultural progress and the development of a sense of personality. Attaching special importance to the natural and social sciences in his student years, Abramov created the basis to determine the strategy, forms and means of educational work through the system of publications of popular science works for the people, as well as to develop the concept of "small and great deeds" and the program of "great cultural work" among people in the future. During the investigation of educational and reformist initiatives in the general educational sphere and in the system of seminarist theological education, Abramov's outstanding leadership qualities, his deep personal interest in the improvement of man and society as a whole, his sense of civic responsibility for ensuring the "forward movement of the people...", for "serving the public interest" (article "Small and great deeds" (1896) were emphasized.
43-51 155
Abstract
The author studies the development of domestic sericulture in the North Caucasus in the first half of the XIX century. The use of a set of published sources and archival documents allowed to identify the main stages of formation and development of sericulture in the period under consideration. In studying this problem, the author used the funds of the state archive of the Stavropol territory, articles from pre-revolutionary newspapers and magazines, and for the first time in the context of the issue the narrative of the French traveler Xavier Ommer de Gell, that was translated by the author. An important role in the development of sericulture played the activity of A. F. Rebrov, who was one of the irst to begin the development and the spread of domestic sericulture in the North Caucasus. A. F. Rebrov used scientiic methods. By means of experimentation and selection new breeds of silkworm and mulberry trees, such as Alba morus were bred, favorable temperature conditions were speciied and improved technology of feeding silkworms was created. A. F. Rebrov was interested in the development of sericulture not only in the North Caucasus, but also in the neigh- boring provinces. In this regard, in his estate Vladimirovka a free of charge school for the study of sericulture for peasant children and all comers was opened. The schools for the study of sericulture were opened in Stavropol, Kizlyar, Kislovodsk, Moscow and St. Petersburg. Gratuitous distribution of mulberry trees and silkworm seedlings contributed to the development of domestic green production and the spread of the silk industry in Russia. The successful development of sericulture was confirmed by high-quality silk produced in the estate of A. F. Rebrov, which in its whiteness competed with French, Italian and Chinese silks. Having encyclopedic knowledge, success in the economy, A. F. Rebrov was appointed honorary Director of the irst agricultural exhibition in the city of Stavropol and personal guide of the Emperor Nicholas I. Having visited the estate of Vladimirovka, statesmen, entrepreneurs and foreigners appreciated the agricultural activities of the landowner Rebrov.
52-58 218
Abstract
This article discusses issues related to the date and reasons for the appearance of the Kalmyks in the Volga-Ural interfluve in the XVII-XVIII centuries. The authors addresses the problem of the relations between the Kalmyks and the neighboring peoples in the context of Russian foreign policy. As a result of a number of successful actions, both military and diplomatic, the Kalmyks settled in the areas near the Emba, Yaik and Volga rivers, displacing the Nogai clans from their homes. The main reasons why the Kalmyks sought to gain a foothold in the above territories were not only vast pastures bordering the sea, but also relatively little competition from neighboring nomadic peoples (in particular, the Nogais and the Bashkirs). The authors reasonably note that in the current situation the Russian government did not have an opportunity to banish the newcomers by force, therefore, recognizing the right of the Kalmyks to roam these territories, they began to bring the Kalmyk cavalry as a military force to protect the southern borders of the empire, including the suppression liberties on the part of the Nogais, "reconciliation" of the Kazakhs, campaigns against the Crimean Khanate, etc. Defending the southern borders of Russia from its external enemies, the Kalmyks nevertheless took an active part in such social forms of protest as the Cossack-peasant uprising led by Emelyan Pugachev. Thus, the resettlement of the Kalmyks in the XVII century to the areas of the Emba, Yaik, and Volga rivers opened new pages in the relations of the Kalmyks with the neighboring peoples. The main feature of this period was the resettlement and residence of the Kalmyks in the above-mentioned areas (as evidenced by the toponomic names of these places) and the entry of the Kalmyk people into the Russian Empire. Moreover, the early period of this relationship is characterized by frequent military clashes between the Kalmyks and the neighboring peoples over pasture lands, cattle theft and political predilections. Gradually, the above-mentioned peoples went through a complex process of integration into the Russian state, but at the same time continuing to maintain their ethnocultural and economic characteristics.
59-69 175
Abstract
The article discusses the activities of isparts in the North Caucasus as actors of memory policy of the Soviet power in 1920-s at the local level. Attention is drawn to the fact that the memory policy serves the basis for the formation and maintenance of identity and is associated with the development and approval of social ideas about the past. The article analyzes the priority direction of the memory policy as actualized by the isparts: the commemoration of historical events. The choice of the latter was determined by the significance from the point of view of legitimization of the Bolsheviks' power in the public consciousness. They also included the all-Union revolutionary anniversaries, the commemoration of which was to both broadcast the ideas of the center and reflect local peculiarities. In addition, the article studies the participation of isparts in the preparation of jubilee events dedicated to the history of the local milestones of the revolutionary movement. Based on the analysis of complex guidance, record keeping and reporting documents, the basic methods of implementing the memory policy as used by isparts in the North Caucasus are specified. Isparts were involved in the organization of exhibitions and museums of the revolution; they participated in carrying out solemn meetings and evenings of recollections; the staff made presentations at meetings of party cells at the enterprises, in reading rooms, red corners and libraries; published papers in periodicals; published posters and slogans; solemnly opened memorial plaques; they produced and distributed publications on historical and revolutionary themes, conducted classes in schools. The author comes to the conclusion that isparts as mnemonic actors not only created the interpretation of history by party motives, but also took practical measures to convince the public of the correctness of interpretations.
70-76 156
Abstract
The phenomenon of ethnotrauma being a consequence of an impact of devastating Nazi and racist propaganda is considered in the article. The article deals with propaganda ideologemes and practices directed at the formation of the enemy image in public consciousness under totalitarian regimes that pursue militaristic and racist goals. Nazi state ideology is chosen as a historic example of creating the enemy image in the media and art. Its success was partly explained by manipulation of public consciousness where the image of the external enemy as the main reason of national misery and economic difficulties was embedded. The reasons for the emergence of the ethnotrauma phenomenon in Germany in the 1920-ies as well as the main directions of the development of the myth of "the knife in the back of Nazis" are defined in the article. The main attention in the article is paid to antisemitism and mythologi-zation of the enemy image. At the beginning of the work a brief historical background about the history of anti-Judaism and antisemitism that explains why anti-Jewish policy of the Third Reich was rapidly accepted by the masses is given. The mythologization of ethnotrauma in National Socialist Germany is considered by examples of particular historic sources: newspapers, public speeches of politicians, video news magazines and feature ilms. Various means of the mass propaganda translation are taken for analysis in order to compare methods used to construct the enemy image, to provide insight into language tendencies and the formation of ideologemes and to prove that agitation and propaganda of Nazis was complex. The extracts of A. Hitler's and J. Goebbels's speeches, citations from materials of the press organ of NSDAP "Volkischer Beobachter", descriptions of feature ("Hitlerjunge Quex", "Jud SuR") and documentary ("The Eternal Jew") films and also news stories (about the condition of the army and about Polish Jews) are provided in the research.
77-85 266
Abstract
Since the time of Herodotus and Thucydides, historians have used different explanatory models. In the twentieth century, especially in its second half, rich in "cognitive twists", many attempts were made to radically transform the practice of historiography, to bring it out of the drift between the "poles" of two basic types of explanation - through the motives of human activity, or through natural factors and social structures that determine it. However, specialization within historical science, which requires restricting the subject ield of speciic research on one side or another of the historical process, constantly creates the ground for transferring the center of gravity in explaining history onto it. The article discusses one of the most advanced versions of the historical-anthropological approach and the contro- versy that unfolded around its practical implementation in a famous book "The Origins of English Individualism" of the British historian and anthropologist Alan Macfarlane that was published in 1978 and provoked a lot of critical feedback. The author of this article focuses on the theoretical, methodological and logical foundations of the study conducted by A. Macfarlane on an interdisciplinary basis, and above all, the models of comparative analysis that made it possible to critically revise the traditional interpretation of the "transition" of England from a collectivist agrarian society to an individualistic modern society.
86-96 190
Abstract
The problem of migration is relevant at all times. This article attempts to consider the origins of the formation of the Indian diaspora and its role in the process of creating a unique image of the country abroad. Performing as one of the main policy instruments of public diplomacy, the diaspora allows to resolve misunderstandings in intergovernmental relations, where one of the sides is the Indian republic, makes a signiicant contribution to economic development, both in India and in the country of residence, and it is also a translator of spiritual values to foreign environment. Due to a big size of the Indian diaspora and for the convenience of cooperation between the diaspora and India, it is customary to divide all representatives into two groups depending on the availability of Indian citizenship and duration of stay abroad - non-residents of Indian origin and people of Indian origin are distinguished. It is possible to receive such status, as well as a whole set of benefits (for example, visa-free visits to India), as well as the right to participate in competitions organized by the Government of India to familiarize members of the diaspora with the achievements of their homeland, if they meet certain criteria and submit a number of documents to relevant institutions. The significance of the Indian diaspora for the country is explored through the prism of linguistic analysis of certain definitions, a review of government campaigns aimed at establishing and maintaining contacts with the diaspora, cinematographic products, and works of iction. That is why the main approach of this study is interdisciplinarity, which simultaneously determines both the versatility of the study and the complexity of its implementation.
LEGAL SCIENCES
97-104 140
Abstract
Early in 2018, the Ministry of Finance of the Russian Federation published information on the development of a draft law on environmental tax, which is designed to change the existing procedure for payment of fees for negative impact on the environment by integrating the mechanism of its calculation and payment into the Tax Code of the Russian Federation, as well as the transfer of powers for its administration to the Federal tax service of the Russian Federation. The reaction of the legal community to the bill was mixed. Proponents are conident that the changes will improve the quality of payment collection, neutralize cases of payment evasion due to the penalty mechanisms provided by the tax legislation, and will contribute to reducing the level of negative impact on the nature, development and implementation of new environmental programs. At the same time, they point out that such an initiative is not appropriate, as it will not lead to real improvements in the administration of fees, but will only complicate the existing system, which will ultimately lead to an increase in administrative barriers and the burden on business. The purpose of this article is to determine the place of payment for the negative impact on the environment in the system of public payments in the Russian Federation. The authors conducted a historical analysis of the problem and identiied two main approaches to the legal nature of this ecological payment, one of which involves considering the fee for the negative impact on the environment in the paradigm of tax law, and the second - qualiies it as a non-tax iscal fee. This study has shown that there are signiicant contradictions between the concept of the draft law of the Ministry of Finance of the Russian Federation and the ideas about the nature and purpose of environmental charges that prevail in legal science and practice. The authors identiied the doctrinal inconsistencies of this legislative initiative, identiied the main problems that will arise in the implementation of the project, as well as put forward proposals for its correction.
105-109 166
Abstract
One of the most debated problems in the domestic civil law is the social and legal status of the child in the Russian Empire in the early twentieth century. Russian civil and family legislation is not without flaws, gaps and contradictions, which concerns the topic of this study. This prompted the authors to turn to the analysis of the minor issues of the problem - the legal regulation of parents-children property relations. The relevance of the research topic is predetermined by the huge scientific and practical potential of inheritance of property. The interest in this legal problem relates not only to the history of Russian civil law, but also to the designation of the vector of development of legislation in the XXI century. The national law of the Russian Empire, based on centuries-old traditions, mentality of citizens and the practice developed by the beginning of the twentieth century, made a real attempt to consolidate property relations in the family of parents and children in normative legal acts and articles of laws. The authors of the article pay attention to the difficult law enforcement practice of control over the actual implementation of the current legislation. This can be explained by the speciics of life traditions of Russians, the closeness of family-related relations, which can be attributed to varying degrees to all classes of society. According to the authors, the determining role in the regulation of property relations in the family played a non-normative traditional law, enshrined not in the positive laws of the Russian state, but in the customs existing for centuries, taking into account national, confessional and social characteristics. The novelty of this work is an attempt to introduce new legal structures into scientiic circulation in different branches of modern Russian law. The main conclusion of the authors of the article is that property relations in the modern family of Russian citizens should be more actively regulated by the state. Increasing the role of state power and control over the implementation of speciic legal acts will contribute to the improvement of family relations and strengthen the family of Russians as the basis of modern society in difficult conditions of political and economic instability, the formation of a new state of Russia.
110-120 126
Abstract
Investigative proceedings were initiated mainly on the initiative of oficials. The reasons were: oblihovanie pov-al'nym obyskom", "jazychnaja molka ", "izvet", capture at the scene, capture of suspicious characters, «gonenie sle-da», feudal lords (or a clerk) bringing their peasants on spe-ciic charges of robbery, etc., «donos iskala» , identifying offenses during the trial, prosecutor's supervision ... Means of initiating investigative proceedings also remained the plaintiffs petition («chelobytnaya»). But the plaintiff's impact on the inquisitorial proceedings was reduced. Traditional means of proof (in addition to a confession by the accused) did not have absolute power. Grounds for initiation of the case was at the same time means of proof. The burden of proof lay primarily on the defendant. The deini-tive of proof was confession. Confession during torture was sufficient for allegations and for the application of sanctions in full. Denial («zapiratel'stvo») on "rosprosy" and torture did not have deinite values. Witness testimonies were traditionally taken in two basic forms: the "ssylka iz vinovatyh" and "obshhaja ssylka". They were decisive, either in favour of the side, which referred to them, or for both sides. The court usually sought the opinions of the parties and from a variety of witnesses gave preference to "obshhej ssylke". "Polichnoe" was suficient grounds for compulsory (after «raspros») recourse to torture. "Jazychnaja molka" - accusation of third parties during the process, or within the first two weeks of the sentence, or at the execution. "Jazyk" at the confrontation had to identify the accused and conirm the «ogovor». "Poval'nyj obysk" -one of the most common means of proof. However, already in the 17th century we can see the decrease of the search importance. The objective of "obshhij poval'nyj obysk" was identiication of "vedomye lihie ljudi" in the county through the population survey; the objective of "special'nyj obysk" was to establish certain facts or the reputation of a particular person already involved in the search. "Obshhij pov- al'nyj obysk" gradually disappeared. The scope of use of the "special'nyj obysk" (its task was the establishment of a fact) was reduced, it gradually merged with the testimony and was replaced by them. Judicial research was carried out by direct observation by the court of the case, written documents, etc. The most important means of investigation remained torture. Its goal was the confession of the defendant, identifying accomplices, amount of stolen property, clarifying the intent.
121-126 204
Abstract
The problems of illicit trafficking in narcotic drugs and psychotropic substances and their non-medical consumption on the scale of the spread and development of drug addiction, as well as the difficulties of anti-drug exposure were a global problem of the world community in the XX century and remain relevant in the XXI century. «Pharmacy» drug addiction has become a real disaster for the country, rapidly spreading to all regions and subjects of the Russian Federation. Pharmaceutical organizations as subjects of the pharmaceutical market are obliged to ensure the availability of medicines, including those containing narcotic drugs, psychotropic substances and their precursors for use for medical purposes and at the same time are obliged to provide conditions to prevent the possibility of illicit traficking in these drugs. The so-called «pharmaceutical drugs» are in special demand among drug addicts. These are pregabalin-contain-ing drugs that are not poisonous or potent tools and in its composition does not contain any narcotic or psychotropic substances. Their use when not prescribed by a doctor (including unintentional way, in large doses, in combination with other substances or alcohol) causes drug intoxication, as well as persistent addiction. Persons who use these drugs without doctor's prescription, as a rule, are violators of public order, are prone to committing crimes of ordinary orientation, thereby affect (in the direction of deterioration) on the operational situation, damage the reputation of public authorities. The article analyzes the state of issues and problems in the sphere of circulation of medicines and their non-medical consumption, identifies problematic aspects of law enforcement, and identiies the main directions of improving prevention and organizational work in this direction.
127-136 222
Abstract
The legal regulation of "classical" institutions of private law differs signiicantly in the country aspect, which determines the need for comparative legal study in order to improve domestic civil legislation. Facultative and alternative obligations that have received extensive legal regulation in the rules of the civil code as a result of a large-scale reform of the law of obligations, need a competent scientiic and practical assessment, taking into account the experience of their legal regulation in foreign legal orders. The scien-tiic novelty of this study is that on the basis of the new theoretical provisions and novelties of the domestic legislation revealed in the work, new constructive provisions of the emerging civil law theory of facultative and alternative obligations were developed, which allowed to form a comprehensive understanding of the concept and mechanism of the proper execution of these obligations in Russian and international law, as well as in some foreign legal orders (Germany, France, Latvia, Israel, Georgia, Azerbaijan, Belarus, Kazakhstan, Ukraine, Quebec, Moldova, Austria). At the same time, the article substantiates a fundamentally new author's approach to the study of these obligations in a comparative way - through the prism of four concepts that take place in foreign legal contracts: the concept of detailed legal regulation of the construction of an alternative obligation; the concept of "truncated" legal regulation of the construction of an alternative obligation; the concept of detailed legal regulation of the structures of an alternative and facultative obligation; the concept of legal regulation of the construction of an alternative obligation without the use of this concept. The result of this comparative legal study was the author's proposals to reform the institutions of facultative and alternative obligations in terms of specifying the mechanism of their proper execution, as well as the legal consequences of the inability to provide one or more executions.
137-143 146
Abstract
The authors underline that the greatest difficulties in understanding and applying the rule on the execution of an order arise when establishing the fact that the executor of the order understood the illegal nature of the latter. As we know the execution of orders is important for the functioning of state institutions and organizations, originally built on the principle of one-man management (army, navy, other legitimate armed groups, police and other law enforcement agencies). According to article 42 of the Russian Criminal Code the performer who refused to execute the illegal order is exempted from criminal liability. The legal «roots» of the execution of the order as a circumstance that excludes the crime of an act under national law are «rooted» in the provisions of international law -first of all, in the materials of the «Nuremberg Legacy». The Statute of the Nuremberg Tribunal and its Verdict for the irst time formulated a generally binding rule that the exe- cution of a criminal order does not exempt the performer from criminal liability, although it can be regarded as a mitigation sentence. This imperative order was later duplicated in many key documents of international law and national criminal law. The authors note that among such acts of international law, the Charter of the International Tribunal for the Former Yugoslavia and the Charter of the International Tribunal for Rwanda are valid for Russia. During the functioning of the international tribunals for the former Yugoslavia and Rwanda, their decisions formulated special rules for establishing limits on criminal liability for crimes committed pursuant to an order. And this experience should be used in the application of the relevant norms of national criminal law, in particular - in the application of article 356 of the Russian Criminal Code on prohibited methods and means of warfare. This circumstance is very important due to the fact that the Investigative Committee of Russia initiated a number of criminal cases on the commission of war crimes during the civil armed conflict in Eastern Ukraine. Based on the decisions of international tribunals for the former Yugoslavia and Rwanda, which are valid for Russia, the article deines a list of acts considered war crimes and falling within the scope of article 356 of the Russian Criminal Code, in respect of which a reference to the execution of an order cannot be recognized as acceptable. The crime of such acts is always recognized as obvious to the performer. Accordingly the provisions of article 42 of the Russian Criminal Code in the situation of committing any of these acts cannot be applied initially.
144-149 157
Abstract
The article outlines the main theoretical aspects of the designation of food functions (functions to ensure food security), as one of the modern functions inherent in the Russian state. The variety of directions of modern government, modern challenges and global problems necessitate the allocation of new separate functions necessary for the state to fulfill its social obligations. The independence of the food function is justified by the author with regard to its compliance with the main features of the state function outlined in science: the presence of special organizational and legal means and methods of implementation, relevance to any stage of the state's historical development, awareness of food security as an independent public administration sphere, and food security to determine and comply with the social purpose of the state. In accordance with international legal acts on food security issues, the implementation of the food function should occur not only in the context of social security, but also by regulating the agro-industrial complex, the land market, and other factors. The objectives of the implementation of the food function of the Russian Federation include the guarantee of the right to food, which is part of the constitutional right of everyone to decent living conditions, the realization of public interest (ensuring food security as an integral part of national security). The opinion is expressed on the need to adopt a unified Federal Law "On Food Security of the Russian Federation", which will reflect the basic principles and directions for the implementation of the food function of the state.
150-156 151
Abstract
The article examines the formation and development of studies on limited rights to non-owned property (rights to things belonging to other people) in the Byzantine Empire. The authors of the article analyze Russian and foreign doctrines, Institutions, Digests, legal monuments of the Byzantine Empire, published after the codification of Justinian, which contain the rules of property law, namely the rights to other people's things. Using the comparative legal method of research, the author discusses the formation of the doctrine of limited property rights in Roman jurisprudence and reveals the features of the dogma of property law in the law schools of Byzantium. The article emphasizes that the development of the doctrine of limited property rights to real estate in Western Europe and Byzantium was influenced by various factors, including social and political processes, the formation of feudal land law. The authors analyze such works of Byzantine lawyers as Theophilus Paraphrase, Stephen's Indices, Eclogues, Basilicorum, which relect the rules of property law devel- oped in classical Roman jurisprudence, as well as doctrinal developments of Byzantine lawyers. The article concludes about the high level of training of lawyers of the Byzantine schools of law, not inferior in theoretical knowledge and legislative technique of classical lawyers of Rome. The scientiic novelty of the presented publication lies in the fact that the authors attempt to highlight the elements of scientific theory in the presentation of the views of Byzantine lawyers on such an important part of civil law as limited real rights to immovable property. The paper concludes on the scientiic nature of Byzantine books on civil law, as well as on the serious contribution of the antecessors to the further development of the doctrine of the limited real rights. In this regard, it is emphasized that Byzantine lawyers were scientiically worked out such issues as the content of limited real rights to real estate, ways of their occurrence, termination and protection.
157-164 135
Abstract
The paper is relevant because of the need to improve the Russian mechanism of administrative and legal regulation of genomic technologies application for agriculture. This mechanism is built fragmentary and in the current state does not allow achieving regulatory objectives, such as providing human and environmental safety when using genetically modified organisms (GMOs). The subject of the paper is the study of the experience of administrative and legal regulation of GMOs use and cultivation of in the Kingdom of Spain, which is a large agricultural country and one of two European Union countries that grow GMOs. The purpose of the paper is to highlight the norms, the reception of which by Russian law would serve to build a balanced mechanism of administrative and legal regulation of genomic technologies application for crop agriculture. The methodological basis of the study based on using comparative legal and formal legal methods in line with the system-logical cognition method. Because of the study, it was found that a number of provisions of the Spanish legislation on GMOs can be accepted by Russian law. It will solve many prob- lems of the legal regulation of the production and cultivation of GMOs in Russia. These are risk level determination in the use of GMOs; precaution measures that state bodies may take when detecting violation and threats to protected objects; administrative responsibility measures for violation of requirements for the use and cultivation of GMOs; creation of interdepartmental bodies to ensure safety when using GMOs. Spanish legislation is elaborated in detail and is based on pan-European regulatory rules, characterized by rigor in the application of genomic technologies. More than 20 years, genome-modified maize has been grown in Spain, and therefore the legal norms are tested by practice of the release of GMO into the environment and the implementation of GMOs. Therefore, Spanish legislation can be used as a serious basis for the formation of a modern Russian administrative legal mechanism of genomic technologies application for Russian crop production.
165-170 136
Abstract
The relevance of this article is due to both theoretical and practical prerequisites. The theoretical significance of the relevant developments is due to the fact that at present the scientiic literature on administrative law does not contain a uniied approach to the deinition of the concept of administrative and legal means of ensuring the safety of fuel and energy complex objects, the key varieties of such means are not deined. The practical signiicance of the research questions of safety of objects of fuel and energy complex by the fact that their smooth functioning depends on the further economic development of the state as they continue to be the main source of income of inancial resources in the budget, and possible acts of unlawful interference can cause signiicant material damage. The organizational and managerial activity of the state is of great importance for ensuring the safety of fuel and energy facilities. It relates to the implementation of the executive power and is expressed in various administrative and legal means of prevention, sup- pression and punishment, which in combination ensures the safety and anti-terrorist protection of such facilities, providing the prevention of possible acts of unlawful interference.. In this article the deinition of the concept of administrative and legal means of ensuring the safety of fuel and energy complex objects is formulated. The scientiic novelty of the article lies in the fact that on the basis of the analysis of the legislation on the safety of fuel and energy complex objects and the practice of its application, the shortcomings of legal regulation concerning the categorization of these objects, as well as ensuring the safety of objects falling under the action of not only the Federal law "On the safety of objects of the fuel and energy complex", but also the legislation ensuring the safety in transport, and formulated appropriate proposals to eliminate them.
171-178 123
Abstract
The aim of the study is the formation of knowledge about the state and guarantee of the human right to education to develop recommendations for use in the actual integration of educational spaces of the Russian Federation and the Republic of South Ossetia. The legislation on education is constantly striving for improvement. New legal mechanisms to regulate the sphere of education are used. In the recent history of the Russian Federation, a new law on education was adopted in 2012, in South Ossetia, laws were adopted in 2008 and 2017. To some extent, the application of legislative acts should be ad- justed by making changes to them or by adopting acts of subordinate nature. The article presents a comparative analysis of the actual degree of guarantee of the right to education in the Republic of South Ossetia and the North-Caucasus republics of the Russian Federation, whose educational complexes are most closely correlated with the educational complex of South Os-setia. The article summarizes the law enforcement practice on the protection of children's rights to education. Social risks that significantly affect the realization of the human right to education in Russia and South Ossetia are identified. First, the emphasis is placed on the physical realization of the right to education, which depends on the territorial organization of the system of educational institutions. The lack of places in general education institutions entails their overcrowding, violation of sanitary norms and rules of the educational process. The enrollment system requires both regulatory improvement and information transparency. A promising area of availability of pre-school education services is the development of variable forms of work with children who do not attend pre-school educational institutions. To this end, work is needed to encourage and assist citizens in opening private pre-school institutions. Based on the analysis of social factors affecting the realization of the rights and freedoms of the individual, in the future it is possible to formulate legal mechanisms, neutralizing the negative impact of these factors on the degree of actual implementation of human rights, as well as to facilitate the proper adjustment of the existing legislation of Russia and South Ossetia on education.
179-187 169
Abstract
The Charter of the Stavropol Krai, being an integral part of the constitutional legislation of Russia, is intended to carry out legal regulation of the most important public relations of constitutional signiicance. The Territorial Charter adopted in 1994 underwent signiicant changes as a result of the introduction of numerous amendments, dictated by sometimes not by real problems, but by short-term political interests. The current edition has a large number of gaps, does not regulate many public relations of constitutional signiicance, and is largely a formal and declarative document. As a result, a real contradiction between the actual social relations of constitutional signiicance and the provisions of the Charter has been arisen, though the Charter is called upon to exercise their rightful regulation, but has not properly performed this most important constitutional function. The author has proposed the conceptual approach that has been embodied in the Model Draft of the Charter of the Stavropol Krai, which has been posted on the new informational portal "Constitutional-Legal Forum" for broad discussion by the scientific and expert community. The conceptual approach underlying the Model Draft assumes that the Territorial Charter must have at least ive basic legal properties: a constitutive character; fundamental character; direct action; legal supremacy in the regional legal system; stability. The article highlights the problematic issues that have arisen during the statutory regulation (in terms of the selected legal properties of the Charter), identiies permissible solutions and the possibility of their legislative implementation in the text of the new Charter of the Stavropol Krai. The interpretation of the source of the government of the Stavropol Krai, which is the people of the Stavropol Kraias part of the multinational people of the Russian Federation, has been proposed. The necessity of a signiicant array of statutory rules that have direct effect with a minimum number of reference provisions has been substantiated; the main ones have been considered in the context of the chapters of the Model Draft of the Charter. The arguments in favor of the creation of the Charter Court of the Stavropol Kraihave been presented, new regulations to ensure the stability of the Charter of the Stavropol Kraihave been proposed. The proposal to organize a discussion on a new Charter of the Stavropol Kraihas been made.
PHILOLOGICAL SCIENCES
188-194 151
Abstract
The key point of the article is the research of the ways of taste modus actualization, or taste synesthesia, in advertisement texts of visual, visual-acoustic and acoustic types. Synesthesia is researched as a cognitive phenomenon and a linguistic universal. There is an idea that synesthesia can be realized at the border of various semiotic systems when receptors stimulaion takes place which in its turn causes emotional reactions and sensorial feelings actualization, connected with some other modes. Psycholinguistic mechanisms of the taste modus impact by advertisement texts is also observed in the article. There are various classiications of synesthesia types in advertisement discourse. The research is focused on the following types of synesthesia: visual-taste, taste-visual, au-dial-taste, taste-audial, tactile-taste, taste-tactile, smell-taste, taste-smell. The author has pointed out common features of taste synesthesia representation in the provided types of adver- tisement texts. The most frequent variant of selling texts contains words with subject meanings: concrete nouns, qualitative adjectives, verbs that make potential customers get associations based on their personal feeling experience. There is one more very important feature of the researched advertisement - high quality of the adverts. This includes high quality of photos of printed advertisement, great videos for video advertisement, high quality audio for audio advertisement. This proves that smell and taste transferring involves audial and visual modes as well. Therefore, we can conirm that taste synesthesia is one of the ways of selling texts creation and it is also one of development directions of psycholinguistics and marketing linguistics.
195-200 121
Abstract
The article focuses on the study of the mechanisms that create nomination of wordcombinations and nomination of composites on the material of compound structured formations in flora namings. This study is relevant, because in theoretical works external (accent-graphical, distributive - va-lent, structural-morphological) properties of nominative flora wordcombinations and nominative flora composites have been considered. External onomasiological presentation of lora surroundings have been thoroughly studied. But there is internal presentation of nomination which is explained by the aspects of logic-semantic codimension and semantic volume of a defining component and a defined component in compound structured formation. Components' content of such a formation is represented in terms of logical binary oppositions of hyponyms and hyperonyms. Direct volume nomination of wordcombinations is archieved by codimension of nominative properties of their components without deinition information. On the contrary, composite nomination of plants' objects of the world is both non-direct and indirect in endocentric composites. Nominative codimension of components in en-docentric composites is achieved not only by the volume of their codimension, but also by the relevant information of the initial elements in the deinition. The irst modiied components, as a rule, are explicited by the phenomena of case semantics (non-direct nomination) and by metaphors (indirect nomination). Composite nomination in exocentric composites of lora namings is wholly indirect from nominative viewpoint. Cod-imension of implicitly expressed modiied component and basic component is achieved exclusively by the extensive relevant information of vocabulary deinition.
201-207 139
Abstract
The article is devoted to the sociolinguistic features of the British press, correlating with their information-content and impact potential on the reader through various metalanguage means. The study of newspaper discourse and the revealing of metalanguage in it by means of metalanguage operators testify to the ability to determine, irstly, lexis from the point of view of origin, secondly, the set of sublanguages of the modern speaker and, thirdly, dynamic processes in lexis. Newspaper discourse as a process of verbal communication in print media is manifested by a dynamic cognitive-communicative phenomenon. The text of the newspaper is characterized by the fact that it quickly reflects and ixes numerous changes in linguistic reality. The informational content function with the persuasion function combined in such a text is expressed by various metalinguistic means. The metalanguage of the newspaper is "built" by means of meta-operators, which may indicate, irstly, a set of sublanguages of the modern speaker, secondly, vocabulary from the point of view of origin and, thirdly, dynamic processes in vocabulary. Thus, the paper presents the results of the analysis of metalinguistic means in modern English newspapers, iden-tiies various language techniques as one of the main reasons for the intensiication of linguistic relection of modern publicism. A native speaker often comments on words in terms of their origin. Socio-economic and cultural ties between linguistic groups, as well as the development of ethnic contacts contribute to the process of borrowing foreign language vocabulary. The speaker often enriches his speech with foreign words that are labeled with meta-operators. Pointing to borrowing, the speaker also expresses, through the meta-operators, an evaluative attitude toward the foreign word. Meta-operators pointing to dynamic processes in the vocabulary show that the vocabulary of the language develops according to the processes occurring in it: constant replenishment with new words and the disappearance of obsolete words. Due to the fact that the sociolinguistic features of the modern press, in general, and the English, in particular, are interdependent with the dynamics of metalinguistic means, the work also classiies metalinguistic means of a newspa- per language according to graphic and orthographic signs punctuation marks and font.
208-213 133
Abstract
Currently, there is a large number of works devoted to questions of categorization, parameterization of a spatial category, means of its expression, the implementation of this category in speciic types of texts, etc. The analysis of spatial images leads to the conclusion that at different times, in different sciences and concepts, the category of space is not understood to be the same thing; there are many types of spaces allocated by different researchers. This article attempts to study the paradigm of ethnic, national identity, which are reflected in the author's concept of man and the world as a surrounding space, in the texts of N. V. Gogol about Petersburg. When analyzing the language of iction by N. V. Gogol, from the point of view of the functioning of the textual category of space, the authors examine the ways of expressing spatial vocabulary, as well as the ways of presenting it taking into account the lexical-semantic, grammatical and structural-compositional aspects, although other aspects of the linguistic analysis of their artistic structure were touched upon. Particular attention is paid to the consideration of spatial vocabulary and syntactic constructions, including the features of the expression of the ethnic-mental component of the text space. The main text-forming elements of the works by N. V. Gogol are spatial oppositions: "top / bottom", "statics / dynamics", "ours / yours", "openness / closeness", "reality / irreality". The main opposition couple discussed in this article is real / surreal space. Spatial oppositions play an important structure-forming role in building spatial relationships in the writer's works. The relevance of this study lies in the continuing interest of linguists in the study of spatio-temporal categories and their implementation in N. V. Gogol. The relevance of studying spatial oppositions with ethnic signiicance for linguistic research lies in the search for ways to represent being a writer, in the possibility of synthesizing a picture of the author's world and a picture of national consciousness by analyzing linguistic means and ways of expressing them in the text.
214-219 126
Abstract
The article studies the expression potential of individual-author occasional units within the framework of virtual fantasy chronotope actualization. The author develops the typology of lexical means objectifying the artistic space of a fantasy work. The most effective in the expression aspect is the lexical-grammatical layer of a fantasy work. Based on the criterion of denotative-referential correlation, the following are units distinguished: denotative-non-equivalent, referential-pragmatic-non-equivalent and stylistic-alternative-non-equivalent, which together allow the author to fully realize the opportunity to create a fantasy world. Text and speech individual-author constructions allow blurring the boundaries of the virtual space, introducing features of objective reality into the fantasy world, thereby predicting the effect of objectification. Based on a comprehensive analysis, the author studies non-equivalent lexemes that function as implementers of the virtual chronotope in Robert Anthony Salvatore's fantasy novels "Dragon Dangeon", which appear to be the most representative in terms of the breadth of the spectrum of the occasional means presented. With the reference to etymological, component and contextual analyses, the author comes to the conclusion about the contaminated nature of the individual author's constructions based on the usual and occasional onyms, which form the effect of contrast between the real and fantasy worlds.
220-226 143
Abstract
This article discusses the theoretical and practical sig-niicance of the comparative study of prepositions in their discursive realizations, the reasons for their interlingual semantic differences against the background of universality of cognitive processes and the unity of the denotative situation, the principles of the semantic determination of prepositions are deined. It is noted that the studies of recent years prove that the prepositions are subject to the general laws of cognitive categorization of the world, adopted in a particular language, and carry a considerable semantic and socio-cultural burden in the text. It is emphasized that in the study of prepositions it is obligatory to take into account the special nature of their linguistic status: prepositions are not an independent discursive unit. They cannot have a denotative function out of context. Indeed, the relational nature of meaning allows them to realize their semantic potential only in a grammatically deterministic combination with a verb (valency) or a noun (case values), i.e. in mi-crodiscourse. However, as part of the case groups, their semantics becomes obvious. It is enough to pay attention to the fact that these are the prepositions that can identify and distinguish the information content of a phrase and, therefore, fulill the task of forming and semantic content of discursive messages. There are many examples in different languages. For instance, Russian prepositions in the terms "advertising in a tram" / "advertising on a tram" allow you to localize the advertising message in different ways: inside the cabin or on the outer surface of the car. Some universal parameters, suficient for the classiication of prepositional language systems on their basis, are highlighted. A comparative analysis of contexts against the background of similar features of the analyzed prepositional systems of different languages allowed us to detect both interlanguage analogies and differences. It was concluded that, against the background of universal principles of understanding extra-linguistic reality, a comparative analysis of prepositions helps to recreate the relevant fragments of the national language picture of the world. Noticeable differences in prepositional systems of different languages and in the spatial mentality of different peoples are illustrated.
REVIEW
ISSN 2409-1030 (Print)