scholarly journals Regions (forms of territorial autonomy) in the theory of law and law history

Author(s):  
Milan Petrovic

This discussion has two main parts: theoretical and empirical. The task of the first part is to determine the notion of the region as such (the problem not sufficiently cleared up so far). Namely, it is necessary to delimit the region both from the notion of local self-administration and from the notion of state. The region differs from local self-administration in possessing a qualitatively higher degree of authority, authority for the original regulation of legal relations, legislation in the material sense. The region differs from the state in the fact that the authority of the subject with statal (constitutional) authority in principle has above it only the social legal norm as the content of the joint (collective) legal act of a stronger part of the nation in a state. On the contrary, the region has to be subjugated to the constitutional authority of the state in whose borders it is located. There are two basic types of regions: the region as a state fragment and region as a public service. The former is similar to the state, because it has its own state organs (organs with their own authority of coercion), while the latter does not have such organs. Furthermore, regions could be comprehensively divided into non-incorporated autonomous territories, separate original parts of a state and the regions included into the regional state. This discussion accepts as politically most, relevant the division of regions into the regions within monarchies and the regions within republics. (Due to the spatial limitations the third category, regions under the regime of international law, could not have been included into the discussion). Naturally, this discussion could not have been comprehensive when it comes to regions, so it discussed only the most interesting examples. Thus as examples of the regions in monarchies, it presented dominions within the British Empire and Finland within the Russian Empire, and of the regions in republics, the regions in Italy.

Author(s):  
Kirill G. Morgunov

During the period of liberal reforms of Emperor Alexander II in Russia in 1864, the zemstvo reform began, which was a continuation of the peasant reform of 1861. Zemstvo institutions were introduced in the country, in the Tauride province they appear two years later - in 1866, zemstvo institutions were in charge of local social and economic issues. One of the important issues that fell on the shoulders of the zemstvos was the issue of the development of medicine. Taking care of the people's health was not one of the mandatory zemstvo duties, but the growth of infectious diseases and the high mortality rate largely prompted the zemstvo authorities to promote the development of medical affairs. The work of the zemstvo bodies was especially difficult at the very beginning of the formation of zemstvo medicine, when the zemstvos had to raise to a new level everything that they had inherited in 1866. The first decade of zemstvo activity for the development of medical science is the subject of this study. The article deals with the regional features of the districts of the Tauride province and their importance in the development of public health in the region. The relevance and novelty of the study is added by the reflection of the influence of the social composition of the county zemstvo vowels on the modernization of the social sphere of the province. In conclusion, information is provided on the results achieved by local self-government bodies by the end of the third zemstvo triennial in relation to 1866. The results of the research provide information on the state of medical affairs of the Tauride province in 1875 in relation to the rest of the zemstvo provinces of the Russian Empire.


2019 ◽  
Vol 18 (2) ◽  
pp. 355-373
Author(s):  
Irina V Sinova

The article deals with the issues related to the evolution of the use of women in the civil service at the turn of the 19th - 20th centuries on the example of the Maritime Ministry on the basis of previously unpublished documents stored in the Russian state archive of the Navy and periodical press materials. The study of gender issues can be of scientific interest on the basis of its documents, as practically not in demand in research related to the women’s issue. As a result of the struggle of the public, there were some concessions on the part of the authorities related to the expansion of women’s access to fill certain positions in a number of areas that experienced a lack of certain qualifications, including public service, in the conditions of intensive bourgeois development. The article analyzes the legal acts regulating the work of women, especially in the public service. it is shown how the changes that took place in the Russian Empire influenced the transformation of the socio-economic situation of women in General, and, also, became a reflection of the social policy of the state. The article reveals the attitude of the heads of departments of the Ministry to the admission of women to the public service, as well as their opinion on the degree of necessity for the service itself in attracting women to it. The article deals with the arguments of men - heads of departments of the Ministry, related to the impact of women’s work on home life, on the family and on itself, which differed largely by philistine assessments, rather than progressive views. In fact, on the part of the authorities, concessions to women were more imaginary and forced than the result of an objective assessment of their equal opportunity to serve in the public system.


Author(s):  
Gennadiy G. Bril’ ◽  
Leonid N. Zaytsev

The article examines the process of origin and formation of the political police of Kostroma Province in the mid-19th century. Special attention is paid to the issue of its staffi ng and the wide use of army offi cers for service in the political police. The chronological framework covers a little-studied period of activity of the political police in Kostroma Province. The authors of the article note that the Highest orders of military ranks that had a special place in the appointment of the headquarters and chief offi cers of the political police. On the basis of archival materials, the main directions of service activities of the highest ranks of the political police in the region are analysed. The article reveals the contribution of the gendarmes’ Corps chiefs to the protection of public order during the period under review. The author reveals the attitude of the authorities to literacy among the lower ranks of the gendarmerie. On the basis of historical and archival documents, it is concluded that the successful career of offi cers was promoted by conscientious performance of their offi cial duties, their «excellent-diligent and zealous service». It is concluded that special attention was paid to discipline among the gendarmes. The political police were independent of other branches of government, and were subordinate only to the headquarters of the gendarmes’ corps and the third division of His Imperial Majesty’s own offi ce. Gaps in the historical and legal coverage of the work of the state security Agency in the province of the Russian Empire at the fi rst stage of its existence are fi lled.


2018 ◽  
Vol 15 (Especial 2) ◽  
pp. 572-577
Author(s):  
João Gomes Moreira ◽  
Fernanda Aparecida Augusto ◽  
Irene Caires da Silva ◽  
Maria Elisa Nogueira Oliveira ◽  
Tatiana Veiga Uzeloto

This article aims to discuss the dismantling that the neoliberal proposals have been making in relation to social policies, which the State, in fulfillment of its duty, should provide for the wellbeing of the population, in a democratic way. It was sought to clarify that the public-private relationship is nothing more than a major strategy of capital to create and expand new market niches to overcome the cyclical crisis of capitalism, always presented with new clothes in the mutations that are processed, to reduce the effects of the inevitable in the social asphyxiation that eventually generated great revolutions recorded in its historical process. This article is of bibliographic character, where information was sought in doctrines, periodicals, specialized magazines, official websites and others. Finally, it was a brief diagnosis of the current situation of the Brazilian public education that, from the third way, has been incorporating new forms of action based on the logic of the market.


2018 ◽  
Vol 5 (7-8) ◽  
pp. 161-193
Author(s):  
Daniel Carvalho Cardinali

This article aims to analyze the role the school can play in the struggle against homophobia. The first part will examine homophobia, understood as an injustice in the cultural field that derives from a model of compulsory heterosexuality and male domination, which calls for politics of recognition. Then it will be analyzed in what fashion these politics of recognition are set on the Constitution of 1988, in order to conclude that it establishes an obligation of the State to adopt them. On the basis of this premise, the third part examines the privileged potential that school assumes in this scenario, addressing the central role it plays in the production of homophobia and the role it may play in its unmaking. Finally, the debates and tensions regarding the subject will be analyzed, especially those that arose of conservative and religious discourse and the formulation of the category of “gender ideology”.


2016 ◽  
Vol 8 (2) ◽  
pp. 19-30
Author(s):  
Jadwiga Stawnicka ◽  
Iwona Klonowska

The subject of this article is the issue of the social climate of the institution as one of the determinants of security in the perspective of Police research. In the literature on the issue of the social climate of the institution the reality is that it is difficult to find references to this concept in respect of the police. It seems that this is conditioned by the specific nature of the current form of the functioning of the Police and its organisational structure. The subject of the study is a proposal for research into the social climate in the Police. Based on the literature on the subject the phenomenon of social climate is described along with its influence on the sense of comfort and satisfaction of the employees. A good social climate contributes to the co-operation of employees, as well as stimulates a sense of loyalty to the group and responsibility for its success. Further on in the article remarks on the study of a social climate scale by R H Moss are presented, along with an indication of the division of the statements contained in this scale, taking into account the content of the messages. This approach to the scale of social climate is justified in the third part of the article, which presents the concept of research on the social climate of the institution as one of the determinants of security in the perspective of the police research which will be carried out by the Authors of the article.


10.12737/5402 ◽  
2014 ◽  
Vol 3 (4) ◽  
pp. 47-54
Author(s):  
Селезнева ◽  
Larisa Selezneva

The subject matter of the paper is the methodology of preparation of PR-text in the frames of professional communicative competence of a specialist on public relations. It aims to form a communicative competence necessary to solve some communicative tasks by means of PR-texts. The author allocates three levels of the methodology of preparing PR-text and shows the formation of competences of a specialist in public relations. Each level presents a stage of the methodology of preparation of PR-text. The first stage is the study of discourse, it allows to take into account the conditions of the social situation of the creating text. At the second stage are used the knowledge of the basic parameters of the text. At the third stage are prepared the texts of different genres and styles. Each stage gives the examples of PRpractice. The offered methodology allows to realize in the text a system of communicative-pragmatic attitudes that contribute the successful solution of communicative tasks by the specialist on public relations.


Author(s):  
Olena Shtefan

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.


Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Ashley Charles Moorhouse ◽  
David Abrahams

The purpose of this article is to put forward submissions regarding the implementation of a weapons review process in compliance of South Africa’s obligations under Additional Protocol I (hereinafter “API”) Article 36. Article 36 requires each state party to determine whether the employment of any new weapon, means or method of warfare that it studies, develops, acquires or adopts would, insome or all circumstances, be prohibited by international law. Article 36 does not specify how such a legal review should be implemented or conducted. Thus this article puts forward proposals regarding both the substantive and procedural aspectsof a review of the legality of weapons, means and methods of warfare that the authors submit best befits the South African context.A background regarding the legal limitations placed upon the use of certain weapons, means and methods of warfare and an explanation of South Africa’s obligations regarding national implementation of a weapons review process, is given in paragraph 1 so as to create an understanding as to why it is necessary for the Republic of South Africa to implement a process to review the legality of weapons, means and methods of warfare. Before the implementation of a weapons review process can be discussed, the subject matter of such a review must first be ascertained. Thus paragraph 2 contains a discussion regarding the definition of the term “weapons, means and methods of warfare” and a determination of which weapons shall form the subject matter of legal reviews. No specific manner of implementation is contained within API and thus it is at the discretion of the state in question, in this case South Africa, to adopt the necessary measures to implement this obligation. In this regard, paragraph 3 contains submissions regarding the status of the review body within the state hierarchy and its method of establishment. This paragraph also contains an explanation of the process by which South Africa acquires its weapons. The legal scope of the review process is dealt with in paragraph 4. Within thisparagraph, the place of both treaty-based law and customary international law (“CIL”) in the South African legal system is discussed. Furthermore, the treaty-law and customary international law rules binding upon South Africa regarding limitations of specific weapons and general weapons limitations are enumerated and the paragraph ends with a discussion of the Martens Clause. 


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