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Journal articles on the topic 'Historical and legal characteristics'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Mikhaylova, Natalya V. "Historical and Legal Comprehension of Functional Characteristics of Law." History of state and law 1 (January 26, 2023): 61–64. http://dx.doi.org/10.18572/1812-3805-2023-1-61-64.

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The article is devoted to the consideration of the problem of the functioning of law in the cultural and historical aspect. Attention is focused on the fact that the problem posed has not only theoretical, but also practical significance. Using the example of an appeal to the materials of the VIII Parliamentary Forum «Historical and Cultural Heritage of Russia», where the issues of preserving and multiplying the components of Russian cultural achievements were discussed, it is emphasized that in the course of preserving the historical and cultural heritage of Russia, it is possible to form a n

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2

Vdovtsev, Pavel V., and Aleksandr V. Charykov. "Forms of Legal Assistance: The Historical Aspect." Advocate’s practice 2 (May 2, 2024): 41–46. http://dx.doi.org/10.18572/1999-4826-2024-2-41-46.

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In the doctrine of criminal procedure, it is often allowed to mix the concepts of protection and representation. Such an interpretation of them is hardly appropriate, since each of them covers an independent form of legal assistance. The third form of legal assistance (a lawyer of another person: a lawyer of a witness or a person whose premises are being searched) is rarely even mentioned at all. At the same time, the difference between these forms has a historical background, which can be verified by plunging, respectively, into the history of their origin and development. This article just o

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3

Saker, Manaf. "General Characteristics of the Syrian Antiquities Protection Law." Proceedings of the Southwest State University. Series: History and Law 12, no. 6 (2022): 155–64. http://dx.doi.org/10.21869/2223-1501-2022-12-6-155-164.

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Relevance. One of the most important tasks of the state at the present stage of development is to preserve the universally recognized achievements of the cultural and historical life of our ancestors. Respect for one's past is of particular importance for the formation of a national ethno-cultural identity. The Syrian legislation has a unique character in this part, where at the same time a criminal law norm and a norm of the Law on the Protection of Historical Monuments can be applied to the perpetrator. Despite the fact that the Law on the Protection of Historical Monuments is an integral pa

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4

Gusenova, Patimat A., and Nikolay G. Stoyko. "The comparative historical and comparative legal characteristics of the Islamic criminal procedure." Issues of Theology 2, no. 4 (2020): 550–66. http://dx.doi.org/10.21638/spbu28.2020.402.

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In order to analyze and characterize modern forms of the criminal process, it is customary to use comparative legal typologies. Within the framework of the comparative legal approach, the division of the criminal investigative process and controversial types is widespread (‘common’). Each of them is characterized by a certain spectrum of ideal attributes, opposed to each other and “embedded” in a wider typology of legal families. This article raises the question of the existence of a third universal model of the criminal process, which is considered the criminal process of the countries of Isl

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Pešić-Jenaćković, Dragana. "Divorce: Historical-legal, demographic and sociological aspects." Socioloski godisnjak, no. 13 (2018): 41–58. http://dx.doi.org/10.5937/socgod1813041p.

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In this paper, divorce is viewed from several aspects. In the first part, the historical-legal aspects of divorce are considered. It is about how divorce, as a legal institution and a process, along with marriage, has changed during history, and what are its (legal) characteristics in modern society. Then some of the demographic indicators of divorce are presented, which indicate an increase in the share of divorced persons, both in developed countries and in our own. Sociological aspects are discussed in the third and fourth parts of the paper. The third part deals with the causes that lead t

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6

Yatsyuk, T. "Theoretical-legal and historical characteristics of the volunteer institute in Ukraine: the modern dimension." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi 1, no. 15(27) (2023): 112–19. http://dx.doi.org/10.33098/2078-6670.2023.15.27.1.112-119.

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Purpose. The purpose of the work is a theoretical and legal analysis of the institution of volunteering in Ukraine, in particular in the modern dimension, taking into account the historical picture of the past and the prospects for the development of the present. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: empirical, comparative, logical-semantic, systemic-structur

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7

Melnyk, O. O. "Criminal and legal characteristics of official forgery: genesis and modernity." Uzhhorod National University Herald. Series: Law 3, no. 87 (2025): 306–13. https://doi.org/10.24144/2307-3322.2025.87.3.46.

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The article is devoted to the analysis of the formation in the past, development at the present stage and in the future of the provisions of regulatory legal acts that established liability for official forgery. The relevance of the study of the selected issues is justified by the author by the need to introduce qualitative changes to the law on criminal liability, in particular, in the part of the norm on official forgery, in contrast to those that have been introduced in recent decades. In the context of clarifying the normative content of the elements of official forgery in different histor

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8

Amvrozov, Ilya D. "The Relationship Between the Concepts of Civilizational Space and Legal Consciousness in Socio-Philosophical Research." Теория и практика общественного развития, no. 4 (April 23, 2025): 274–79. https://doi.org/10.24158/tipor.2025.4.32.

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The article is devoted to identifying the substantive aspects of the relationship between the concepts of “legal awareness” and “civilizational space”. The article analyzes the “triple nature” of the civilizational space, consist-ing of several types of spaces: real, mental and social. Legal consciousness is examined as a collective phe-nomenon that possesses common characteristics in a certain space occupied by a civilization. The factors in-fluencing the change of legal awareness in society are identified. Furthermore, legal consciousness is explored as a tool for regulating social life and

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9

Zaporozhchenko, Yuliia, Halyna Tatarenko, Andrii Fomin, Oleksandr Mezeria, and Mykhailo Antonenko. "Historical and legal characteristics of main scientific concepts of origin of the State." Cuestiones Políticas 41, no. 79 (2023): 244–52. http://dx.doi.org/10.46398/cuestpol.4179.16.

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The aim of the research is the historical and legal characteristics of the main scientific concepts of the origin of the state. The opinions of scientists were analyzed and a conclusion was made about the variety of concepts related to the emergence and formation of the state. It was shown that the main concepts (theories) of the origin of the state include: theological, organic, patriarchal, psychological, class, violence theory, oligarchic, racial, cosmic, etc. The following methods were used in the research: analysis of biographical sources, synthesis, deduction, comparative analysis and me

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10

Dvorak, Andriy Yuriyovych. "International Legal Instrument: Concept, Characteristics, and Formalization Features." Alʹmanah prava, no. 15 (September 1, 2024): 542–47. https://doi.org/10.33663/2524-017x-2024-15-542-547.

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The paper examines the historical development of international law, starting from the Middle Ages and ending with modern times. The author discusses the origins of international treaties, which became one of the first forms of international legal instruments regulating trade, diplomatic, and other relations between countries. The influence of the Church on international relations in the Middle Ages is noted, as well as the emergence of the need for a scientific basis for regulating relations in the context of the Age of Discovery. Special attention is given to the contribution of the prominent

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11

Goltsman, Elena. "General characteristics of a bailiff’s legal status in the Russian Empire and the Russian Federation (comparative legal aspect)." Current Issues of the State and Law, no. 16 (2020): 426–34. http://dx.doi.org/10.20310/2587-9340-2020-4-16-426-434.

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Based on the methodology of chrono-discrete monogeographic comparative law, we identify the comparative potential of bailiffs’ legal status in the Russian Empire and the Russian Federation. Until recently, the legislation of the Russian Federation did not give a clear idea of bailiffs’ legal position in the civil service. We believe that, speaking about a bailiff’s legal status and comparing the regulatory framework that regulates it, it is necessary to determine what elements constitute a bailiff’s legal status; to compare comparable, conditionally comparable and incomparable elements of this

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12

Maksurov, A. A. "Real Estate as a Subject of Theft: a Socio-Historical Analysis." Siberian Law Review 20, no. 1 (2023): 64–76. http://dx.doi.org/10.19073/2658-7602-2023-20-1-64-76.

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The article deals with the actual problems of classifying real estate as objects of theft and, above all, fraud. The importance of solving this kind of issue from the standpoint of the history of legal regulation is determined, the socio-economic significance of real estate in modern society is shown. The conclusion is made about the change in the social essence of real estate during the historical development, which influenced the legal regulation of the protection of rights to real estate, including the norms of criminal law. The prerequisites and possibilities of the historical and legal ap

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13

VALEVKO, A. "STATE-LEGAL CHARACTERISTICS OF THE UNION OF LUBLIN IN 1569." Vestnik of Polotsk State University Part D Economic and legal sciences, no. 3 (December 18, 2023): 75–78. http://dx.doi.org/10.52928/2070-1632-2023-65-3-75-78.

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The article examines the main provisions of the act of the Lublin Union of 1569; the legal assessment of the state model of the Commonwealth of Independent States is given, according to the content of the act of union; the features of the state system of the Commonwealth of Independent States are defined; the analysis of scientific views on the essence and historical and legal significance of the Union of Lublin was carried out; according to the provisions of the act of union, a conclusion was made about the political and legal status of the Grand Duchy of Lithuania as

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14

Parente, L. M. "HISTORICAL AND LEGAL CHARACTERISTICS OF THE DEVELOPMENT OF LEGISLATION ON SELF-REGULATORY ORGANIZATIONS." Legal horizons, no. 22 (2020): 7–15. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p7.

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The article examines the historical and legal preconditions for the formation of self-regulation in Ukraine and other countries. On the basis of the conducted research, the peculiarities of the development of self-regulation in the territory of Ukraine in different historical periods are determined. The preconditions for the formation of the institution of self-regulation in the field of management and professional activity are described. It is determined that self-regulation has been inherent in society since the beginning of the primary forms of the common cause. The primary forms of SROs de

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15

Dolhoruchenko, Kateryna. "Approaches to understanding the terms-concepts «legal actuality» and «legal reality» and the problem of methodological correctness of their use in historical and legal research." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2021): 80–87. http://dx.doi.org/10.31733/2078-3566-2021-3-80-87.

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The author has clarified the semantic load and content of the terms «reality» and «actuality», and identified their common and distinctive features. She has considered doctrinal approaches to the definition of the terms «legal actuality» and «legal reality». Based on their analysis, her own approach to understanding the content of the category «legal reality» has been suggested. The necessity of differentiation and further correct use of the categories «actuality» and «reality» within the framework of historical and legal research has been proved. The content of the term-concept «legal actuali

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16

Krintsilenko, V. "HISTORICAL AND LEGAL CHARACTERISTICS OF THE FORMATION OF THE PRINCIPLE OF REASONABLENESS IN ADMINISTRATIVE AND PROCEDURAL LEGAL RELATIONS." Law and public administration, no. 4 (2024): 69–73. https://doi.org/10.32782/pdu.2024.4.9.

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17

Trenta, Giorgio. "[Probability of Causation: historical motivations and legal transposition]." Giornale Italiano di Medicina del Lavoro ed Ergonomia 39, no. 2 (2017): 131–38. https://doi.org/10.4081/gimle.617.

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The Probability of Causation (PC) was implemented to provide objective and legally feasible compensation to the U.S. diseased individuals who were involved in nuclear armament activities. The methodology is related to the attributable risk concept, but it is widely different from it, since it doesn't evaluate the attributablity from a collective point of view, but from a personalistic point, that is from the particular exposure condition, from the specific physical parameters and from the biological individual features of the single exposed subject. So the PC become an evaluation of the harm p

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18

Lukošius, Tadas. "The phenomenon of medieval Ius commune: the past of Europe’s legal future?" Vilnius University Open Series, no. 6 (December 28, 2020): 108–19. http://dx.doi.org/10.15388/os.law.2020.10.

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The historical approach enables us to perceive the specific legal phenomenon as continuous and to study the antecedents of current (or even future) legal challenges. This article discusses the possibilities of invoking the historical notion of ius commune (and various new concepts based on it) in a contemporary legal discourse on the future of the European Union (EU) law. Since issues of integrity and homogeneity remain central to the consideration of further legal developments of the EU legal framework it is especially relevant to look back at one of the most prominent phenomena in the Wester

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19

Tetiana, Bondaruk. "Law and jurists in the historical and cultural process." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 137–44. http://dx.doi.org/10.33663/0869-2491-2020-31-137-144.

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The article attempts to consider the historical and legal process as part of the cultural process. At the same time, social (social) culture is defined as a common background. Culture appears as a fundamental foundation of the human world, synonymous with its «being», and some forms of culture - art, morality, education, religion, law, are recognized as peculiarities in the context of culture as a complex holistic system. The proposed vision of the study of the concept of «culture-law» determines the application of the method of socio-cultural determination, identifying as leading in explainin

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20

Veresha, Roman. "Criminal and legal characteristics of criminal intent." Journal of Financial Crime 24, no. 1 (2017): 118–28. http://dx.doi.org/10.1108/jfc-02-2016-0013.

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Purpose This paper aims to consider the problems related to criminal legal characteristics of the crime objective and to analyze specific features of the crime objective as the subjective aspect of crime. Design/methodology/approach Research methodology used in studying the criminal legal characteristics of the crime objective was based on the dialectical method of scientific cognition of the social and legal phenomena, its laws and categories. The author used general scientific research methods, systematic, historical, logical and functional, and observation, analysis, comparison and the empi

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21

Aydarbekova, G., and B. Abdyraliev. "Evolution of political and legal values traditional society in the conditions of nomadic statehood (by the Epic of Manas materials)." Bulletin of Science and Practice 5, no. 2 (2019): 257–62. http://dx.doi.org/10.33619/2414-2948/39/34.

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The article discusses the features of the evolution of political and legal values of a traditional society in the conditions of nomadic statehood on the example of a cultural and legal monument — the Epic of Manas. The topic of Eurasian nomadic civilization, the legal life of Kirghiz, signs of statehood, culture and customs of the people are actively considered by scientists in connection with the growth of the nation’s identity and identity since along with Kirghiz and Kazakhs other modern massifs historically coexisted in the Eurasian nomadic civilization. The subject of the research is poli

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22

Dorskaya, Aleksandra. "Evolution of the Comparative Method in Russian Historical and Legal Research." Journal of Foreign Legislation and Comparative Law 20, no. 1 (2024): 59. http://dx.doi.org/10.61205/s199132220029326-4.

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The article explores the issue of Russian historians employing comparative-legal methodology across different historical eras. The study aims to identify and characterize the principal stages of comparative-legal method development in the Russian science of the history of the state and law. The article utilized a chronological methodology to establish the order in which regulatory legal acts concerning the enhancement of the legal education system in Russia were implemented, as well as the incorporation of a comparative element in it. The descriptive method provided a means to explicate the pr

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23

Геннадий Геннадиевич, Небратенко, and Безручко Евгений Валерьевич. "CRIMINAL-LEGAL CHARACTERISTICS OF CRIMES AGAINST LIFE AND HEALTH IN COMMON LAW OF DON COSSACKS." NORTH CAUCASUS LEGAL VESTNIK 1, no. 1 (2023): 120–26. http://dx.doi.org/10.22394/2074-7306-2023-1-1-120-126.

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The article examines the criminal law issues of protecting human life and health as an integral part of the history of criminal law, coupled with theoretical and historical legal sciences. The authors consider the types and content of illegal acts, expressed in causing harm to human life and health, criminalized in the customary law of the Don Cossacks. The use of customs to regulate criminal law relations is a universal practice for early feudal states, such as Ancient Russia, as well as regional - for the Russian Empire. As a result, the authors conclude that historical and legal methodology

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24

Lyubashits, Valentin Ya, Alexey Yu Mamychev, Nikolai V. Razuvaev, Alexander V. Osipov, and Natalya V. Fedorova. "Traditional State Functions, Their Specificity and Types: Historical Review and Socio-Cultural Characteristics." Journal of Politics and Law 12, no. 4 (2019): 70. http://dx.doi.org/10.5539/jpl.v12n4p70.

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The article analyzes the essence of the traditional state functions, their specificity and key differences in comparison with the activities and tasks of the modern state. Discussion of the differences and the argumentation of the types and specificity of the traditional state functions is carried out by the authors on the basis of systematization of various historical and legal studies, political and legal monuments. The article explains that it is possible for each traditional state to identify a number of special functions having historical and typological specificity and a specific histori

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25

Danilov, Igor. "Understanding the political and legal category of "Empire" in legal science." Genesis: исторические исследования, no. 12 (December 2024): 76–83. https://doi.org/10.25136/2409-868x.2024.12.69656.

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The article is devoted to the study of the fundamental concept of "empire" in legal science, its essence, nature and semantic content. In the Russian legal doctrine, which was formed under the long-term influence of Marxist-Leninist postulates, this category is not used in the scientific circulation of the classical theory of state and law. At the same time, the ambiguity of this term, its obvious relevance to the characteristics of the state structure and the extensive historical experience of the existence of imperial states make its legal analysis and comprehension extremely promising. The

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Qerimi, Muhamet, and Ermal Baze. "Historical significance and European Value of Shkodra Statutes." Eminak, no. 1(49) (May 13, 2025): 230–43. https://doi.org/10.33782/eminak2025.1(49).778.

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The purpose of the research paper is to delve into the historical and legal significance of the Statutes of Shkodra, a set of legal codes that governed the city of Shkodra during its Venetian period until its eventual occupation by the Ottoman Empire in 1479. The scientific novelty. The article provides a novel perspective on The Statutes of Shkodra by emphasising their unique contribution to European legal traditions and their role in shaping the foundation of positive law in Albania, particularly through the principle of personal freedom. Conclusions. The Statutes of Shkodra hold exceptional

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Mendoza, Alba Luz Robles. "Legal psychology from social psychology. historical introduction of forensic psychology." Forensic Research & Criminology International Journal 11, no. 1 (2023): 5–7. http://dx.doi.org/10.15406/frcij.2023.11.00361.

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The importance of legal psychology at the international level has gained ground in the last ten years due to the increase in criminality within the so-called transnational organized crime. Drug trafficking, money laundering, human trafficking, femicides, migrant smuggling, and genocide are examples of criminal behavior that crosses borders between countries. The social, cultural, political and economic implications that these antisocial behaviors entail makes it necessary to implement specialized and trained professional teams for the identification and management of criminal profiling, where

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Urazova, Hanna. "Legal Nature of Fiduciary Duty in Civil Law of Ukraine." Teisė 124 (September 28, 2022): 231–38. http://dx.doi.org/10.15388/teise.2022.124.21.

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This article examines the legal nature of fiduciary duty in connection with the emergence of legal uncertainty and difficulties in law enforcement. The study begins with the definition of “fides”, “fiducia”, “legal duty” and “civil duty”, taking into account historical developments and case law. The characteristics of civil duty are given. The article ends with our own vision of the legal nature of fiduciary duty.

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29

Smirnov, S. N. "To the Question of the Classification Patterns of Social Stratification in the Countries of the World (Brief Overview of Some Concepts and Author’s Comment)." Sociology and Law, no. 3 (October 7, 2020): 65–75. http://dx.doi.org/10.35854/2219-6242-2020-3-65-75.

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The author considers the problems of typification of society. Some concepts of typification of social stratification models in different countries formulated and justified in historical and legal, historical, sociological, and economic scientific literature are reviewed. The circumstances that make it difficult to formulate universal concepts designed for application in the complex of social Sciences are identified. These circumstances include insufficient consideration of legal factors, including the position of the legislator, the specifics of the corporate legal status, and the characterist

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Gabrieljans, Armens. "THEORETICAL PROBLEMS ASSOCIATED WITH THE LEGAL CONCEPT OF TERM “GENOCIDE”." Administrative and Criminal Justice 4, no. 73 (2015): 27. http://dx.doi.org/10.17770/acj.v4i73.4356.

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The aim of this article is to define and analyze the theoretical problems associated with historical and legal characteristics of the concept of genocide. In this article is reviewed the history of creation and introduction into international law of the term “genocide”.

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Teleuyev, G., A. Bekturganov, and D. Bekezhanov. "Historical and legal aspects of the implementation of citizens ' rights to land: on the example of the North Kazakhstan region." BULLETIN OF L.N. GUMILYOV EURASIAN NATIONAL UNIVERSITY. LAW SERIES 149, no. 4 (2024): 58–70. https://doi.org/10.32523/2616-6844-2024-149-4-58-70.

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The purpose of the presented scientific research is to conduct a study of the historical legal aspects of the realization of citizens' rights to land on the example of Northern Kazakhstan. Determination of land use characteristics depending on geographical climatic conditions. Determining the impact of the evolution of land legislation on the indigenous population of Northern Kazakhstan. The study of the issues of legal support of land relations in Northern Kazakhstan will contribute to the development of scientific answers to the questions raised so far regarding the implementation of land ri

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Ratushny, S. "INTERNATIONAL MIGRATION LAW: HISTORICAL AND LEGAL ASPECTS OF ESTABLISHMENT." Scientific Notes Series Law 1, no. 13 (2023): 166–71. http://dx.doi.org/10.36550/2522-9230-2022-13-166-171.

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The article examines the historical and legal aspects of the emergence and development of international migration law. An attempt is made to study the patterns of evolutionary development of international legal regulation of relations in the field of international migrations, the place and conceptual foundations of international migration law as a separate branch of international public law. The growth of migration flows, their acquisition of new quantitative and qualitative characteristics, being determined by economic, ecological, military-political, demographic and other factors, exerts a s

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Maleva, E. M. "The genesis of abortion legislation in ancient times and antiquity: at the origins of forensic medicine." Law Enforcement Review 9, no. 2 (2025): 14–21. https://doi.org/10.52468/2542-1514.2025.9(2).14-21.

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The subject. The relevance of the topic chosen by the author of the article lies in its understudied nature in Russian historical and legal scholarship. While contemporaries may study the issue more broadly from a medical or forensic perspective, or delve deeper into legislation from the nineteenth century and Soviet periods, the author's article focuses on a specific aspect of this topic that has not been extensively explored.The purpose of this article is to examine the development of abortion legislation in relation to changes in human ideas about the world and social order, the complex str

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Druchek, O., R. Zvarych, and M. Novikova. "ROMANO-GERMANIC AND ANGLO-SAXON LEGAL SYSTEMS: HISTORICAL ASPECTS OF FORMATION AND MAIN CHARACTERISTICS." Law and public administration, no. 2 (2023): 405–14. http://dx.doi.org/10.32782/pdu.2023.2.59.

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35

Aydarbekova, G., and B. Abdyraliev. "Evolution of political and legal values traditional society in the conditions of nomadic statehood (by the Epic of Manas materials)." Bulletin of Science and Practice 5, no. 2 (2019): 257–62. https://doi.org/10.33619/2414-2948/39/34.

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The article discusses the features of the evolution of political and legal values of a traditional society in the conditions of nomadic statehood on the example of a cultural and legal monument — the Epic of Manas. The topic of Eurasian nomadic civilization, the legal life of Kirghiz, signs of statehood, culture and customs of the people are actively considered by scientists in connection with the growth of the nation’s identity and identity since along with Kirghiz and Kazakhs other modern massifs historically coexisted in the Eurasian nomadic civilization. The subject of the rese

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36

LIDIA, GROGER. "Historical market of real estate of Poland – problems of evaluation." Market Relations Development in Ukraine №7-8(218-219)2019 149 (September 19, 2019): 41–52. https://doi.org/10.5281/zenodo.3447222.

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Subject of research. The state of the historical real estate market is closely linked to the development of a free market economy in Poland. Over the past 30 years, the interest of domestic and foreign investors to historic sites has grown. The most attractive residential properties from past ages can reach many millions of dollars. The purpose of the article is to present legal conditions in the field of protection and assessment of historical real estate in Poland; coverage of current methodological problems when assessing the value of historical objects. Results of work. The legal issues of

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Bolshakova, V. M., and I. V. Kholikov. "THE FUNDAMENTAL PRINCIPLES OF THE ORGANIZATION OF THE JUDICIAL SYSTEM: A THEORETICAL STUDY." Вестник Пермского университета. Юридические науки, no. 4(58) (2022): 579–604. http://dx.doi.org/10.17072/1995-4190-2022-58-579-604.

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Introduction: there are numerous legal studies, both general theoretical and applied, discussing the principles of law, the normatively established principles of the activities of the state bodies, the principles of legal proceedings. Meanwhile, the principles of the organization of the judicial system remain on the fringes of legal and historical-legal scientific research. Thus, the issues of identifying and understanding the essence and characteristics of the principles underlying the judicial system appear to be of particular importance for science and practice. Purpose: to formulate theore

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Serediuk, Vitalii. "HISTORICAL INTERPRETATION OF LEGAL NORMS IN THE MODERN PERIOD OF SYSTEMATIC AXIOLOGICAL TRANSFORMATION." Scientific Journal of Polonia University 56, no. 1 (2023): 381–85. http://dx.doi.org/10.23856/5652.

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The aim of the article is a theoretical and legal analysis of the historical interpretation of law in the context of doctrinal views, its justification and comparison with other theories. Achieving this goal involves: establishing the methodological value of the historical interpretation of law; show the need to follow a historical approach to the interpretation of law. The novelty of the article is to substantiate the practical value of the historical interpretation of law in the modern period of systemic axiological transformation and development of digital technologies. It is proposed to us

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Chikulaev, R. V. "HISTORICAL PREREQUISITES FOR THE EMERGENCE AND CONSOLIDATION OF FINANCIAL INSTRUMENTS IN THE LAW." Ex Jure, no. 2 (2023): 130–46. http://dx.doi.org/10.17072/2619-0648-2023-2-130-146.

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Abstract: the article analyzes the historical conditions of the emergence of financial instruments and the features of their consolidation in the basic legal orders. The concept of prerequisites as some inevitable conditions for the financial instruments legal constructions formation revealed. The systematization of the basic prerequisites proposed. The common features that are generally characteristics of the financial instruments category from the point of view of historical development are highlighted. Special attention is paid to the Law of Ancient Rome, the East, as well as European law o

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Liubashits, Valentin Ya, Nikolai V. Razuvaev, Natalia V. Fedorova, Georgii Ia Trigub, and Oleg V. Soloviev. "The Traditional State as a Specific Form of Political Organization." Journal of Politics and Law 12, no. 5 (2019): 96. http://dx.doi.org/10.5539/jpl.v12n5p96.

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The article analyzes the traditional state as a historical, political, legal, and cultural phenomenon that has had a fundamental impact on the transformation of the socio-political organization of society, on the legal and socio-cultural development of modern social systems. The authors argue that the traditional state should be characterized as a specific form of the political, legal, social, and cultural organization since it contains all the institutions that provide for the management of various processes in society, and has the operating forms and mechanism of its preservation and reprodu

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Mkhitaryan, L. Yu. "GENERAL CHARACTERISTICS OF PATIENT JUSTICE IN THE RUSSIAN JUDICIAL SYSTEM." Ex jure, no. 2 (2024): 78–88. http://dx.doi.org/10.17072/2619-0648-2024-2-78-88.

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the article is devoted to the analysis of the concept of patrimonial justice, the history of its origin and development. The importance of studying the etymology of the term fiefdom in the works of historians of the past and present is noted. The study provides a classification of estates on various grounds. The author analyzes the institution of patrimonial court, its advantages and disadvantages in accordance with the corresponding historical period. The author focuses on the most important historical milestones in the emergence and development of patrimonial courts in the pre-revolutionary

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Mamedov, Mirza. "HISTORICAL DEVELOPMENT OF LEGAL RELATIONS RELATED TO THE INVIOLABILITY OF HOME." Polis Akademiyasının Elmi Xəbərləri 13, no. 2 (2024): 98–103. https://doi.org/10.62130/tcfj7707.

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The article examines the basis of the crime of registration of illegal transactions related to land, its characteristics and its difference from administrative liability, and the general situation of crimes in the mentioned field in modern times. During the research, according to the theoretical classification of the registration of illegal transactions, the criminal composition established in the criminal law, as well as the relationships arising in relation to the protection of the interests of the state, individuals and legal entities related to the implementation of the registration of ill

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Aryamov, Andrey A. "Characteristics of Principles of Law as Legal Regulators." Pravosudie / Justice 6, no. 3 (2024): 18–42. http://dx.doi.org/10.37399/2686-9241.2024.3.18-42.

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Introduction. The question of understanding the principles of law is constantly being raised both in branch legal sciences and in the general theory of law. Popular in legal doctrine is the thesis that they are common, fundamental ideas. However, with this approach, the possibility of their perception as regulators of legal relations is lost. Nevertheless, law enforcement practice refers to them precisely in this capacity; on the basis of their application, specific cases are considered and judicial acts are issued. The judgment that ideas rule the world is devoid of applied content; there is

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Kızılkaya, Necmettin. "An Outline of the Historical Evolution of Qawā‘id Literature in Islamic Law." American Journal of Islam and Society 28, no. 1 (2011): 76–105. http://dx.doi.org/10.35632/ajis.v28i1.347.

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The legal rules of each legal system reflect their own nature and primary characteristics in both quantity and quality. Since they comprise the main structure of the system, the study of these rules, therefore, gives an idea about the mechanism of the system as a whole. An investigation of the principles behind these legal rules, which represent dominant features of several rules is a further step and gives an opportunity to understand the common points of the particular cases. These principles have different essences and historical backgrounds in every legal surrounding. The settled principle

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Kızılkaya, Necmettin. "An Outline of the Historical Evolution of Qawā‘id Literature in Islamic Law." American Journal of Islamic Social Sciences 28, no. 1 (2011): 76–105. http://dx.doi.org/10.35632/ajiss.v28i1.347.

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The legal rules of each legal system reflect their own nature and primary characteristics in both quantity and quality. Since they comprise the main structure of the system, the study of these rules, therefore, gives an idea about the mechanism of the system as a whole. An investigation of the principles behind these legal rules, which represent dominant features of several rules is a further step and gives an opportunity to understand the common points of the particular cases. These principles have different essences and historical backgrounds in every legal surrounding. The settled principle

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Satesna, Dhezya Pandu. "Legal Personality of ASEAN as the Subject of International Law: Contemporary Developments." International Law Discourse in Southeast Asia 1, no. 1 (2022): 65–78. http://dx.doi.org/10.15294/ildisea.v1i1.56871.

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The Organization of Southeast Asian Nations (ASEAN) has unique characteristics, apart from the legal systems in Southeast Asian countries that are different from one another, but also have different historical aspects. If ASEAN is compared to the European Union, which has the same legal vision, characteristics of society, and even a uniform financial system, ASEAN does not yet have this uniformity. This study aims to identify the legal personality for ASEAN as a subject of international law. This study looks at various theories and concepts regarding international organizations as subjects of

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Dzikowski, Andrzej. "The Germanic Model of Liability for Diseases of Animals in Sale Transactions: Historical Heritage or the Dead Weight of Past Generations? Factors Affecting the Form of Legal Standards for Warranty." Animals 14, no. 11 (2024): 1669. http://dx.doi.org/10.3390/ani14111669.

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The subject of the analysis is the Germanic model of liability for the physical defects of animals examined through examples in Europe. Methods of legal analysis and interpretation are used. Contemporary (Austria, Belgium, France, Luxembourg and Switzerland) and historical examples (Germany and Poland) are examined and described. The characteristics of this model and the historical conditions which shaped the current legal state are demonstrated. It is shown where particular civil law systems in Europe have maintained the Germanic model of warranty to this day, where other systems have replace

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Shabalin, Andrii. "The history of the development of civil procedural law of Ukraine on judicial protection of the property legal right to land." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 147–55. http://dx.doi.org/10.33731/62020.234066.

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Keywords: civil procedural protection, court, violation of private property rights toland, civil procedure The article is devoted to the study of the historical and legal aspects of the judicial procedure for theprotection of property rights to land in Ukrainian legislation. The author investigates themain stages of legal protection of property legal rights to land, in each historical periodits own characteristics of the aforementioned procedure for the protection of the correspondingproperty right are determined. Considerable attention is paid to the issues ofthe peculiarities of legal

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Radchenko, L. "LEGAL REGULATION OF DIVORCE: HISTORICAL DEVELOPMENT AND MODERN PRINCIPLES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 118 (2021): 116–22. http://dx.doi.org/10.17721/1728-2195/2021/3.118-21.

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The article is devoted to the study of the genesis of legal regulation of the order, conditions and consequences of divorce in its historical aspect, as well as given the current principles of family relations in EU law and foreign law, highlighting the latest trends in divorce relations and outlining the laws of their further consolidation in the family law of Ukraine, formulation of conclusions and proposals aimed at harmonization of national legislation with EU law. The divorce procedure, its conditions and legal consequences are regulated by the legislation of different states in different

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Dribas, Svetlana, and Konstantin Semenov. "PSYCHOLOGICAL FACTORS OF THE FORMATION OF LEGAL AWARENESS OF STUDENTS OF HISTORICAL AND MEDICAL EDUCATION PROFILES." Bulletin of Alfred Nobel University Series "Pedagogy and Psychology» 1, no. 27 (2024): 40–49. http://dx.doi.org/10.32342/2522-4115-2024-1-27-4.

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The purpose of the article is to determine psychological factors and compare the predictor structure of legal awareness among students of historical and medical education profiles. The article is devoted to the analysis of psychological aspects of the formation of legal awareness among students who study in the medical and historical profiles of education. The paper examines the key factors affecting the development of legal awareness among young people who are preparing for professional activities in medicine and historical education. The emphasis is placed on the students’ psychological char

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