Preview

Вестник Северо-Восточного федерального университета имени М. К. Аммосова. Vestnik of North-Eastern Federal University. Серия «Общественные науки. Social science»

Advanced search
No 4 (2020)

ИСТОРИЧЕСКИЕ НАУКИ И АРХЕОЛОГИЯ

5-11 224
Abstract
The work is dedicated to architectural monuments built in the Soviet era. However, in the realities of Yakutsk, the concept of “monument” should characterize not only cultural heritage objects that are under actual state protection, but also buildings of ordinary historical development of the Soviet period. The demolition of such structures is an irreplaceable loss for the real historical appearance of the capital of the Sakha Republic (Yakutia). Most of the architectural structures of the Soviet period in Yakutsk have retained their social significance and fundamental foundations; there are problems with the preservation of Soviet-era architectural structures in the city of Yakutsk, related to their technical condition, the restoration of the original appearance of some buildings; putting such buildings on state protection is characterized by a clash between owners and authorities involved in the preservation and protection of cultural heritage objects; to preserve the above-mentioned objects, there is a prospect of turning the center of the capital into a historical and cultural complex of the Soviet architecture.
12-18 278
Abstract
The article describes the local variants of the rite of thanksgiving to the river that exist among the nomadic and sedentary population of Chukotka. The origin of this rite in the group of Amguem Chukchi is clarified, the concept of “thanksgiving” in the Chukchi culture is analyzed, and the semantics of individual elements of the ritual associated with the river is presented. The conclusion is made about the transfer of rites practiced in reindeer herding camps to the village. After the reindeer breeders have moved, the ritual sphere is transformed by adapting to the sedentary living conditions. In particular, live deer as a sacrifice are replaced with symbolic ones, elements of a fishing cult appear in the rituals, and ideas about how rituals were performed in camps are partly mythologized.

POLITICAL SCIENCE

19-35 172
Abstract
The indigenous peoples of the North have enriched the world civilization with a unique experience of developing the harsh Northern territories. They not only survived in extreme climatic conditions, but also created a unique circumpolar civilization. They created their own traditional way of life, rich spiritual culture, centuries-old experience of peaceful and tolerant cohabitation and cooperation with other Northern peoples and ethnic groups. The Russian state did not pursue a targeted state policy in relation to the indigenous small-numbered peoples of the North. The Russian state did not always care about the survival and development of the northerners and the Northern territories. As a result of this state policy, the internal situation of the indigenous small-numbered peoples of the North has become extremely aggravated, constant hunger, diseases, social disasters have become the main reason for the reduction of their numbers and they have been put on the verge of extinction and disappearance from the face of the earth as independent ethnic groups. In the first decades, the Soviet state showed paternal care towards the indigenous peoples of the North: they were allocated to a special group and a special state national policy was implemented. The policy of paternalism led them to a new path of development and saved them from extinction. In the following years, this policy was replaced by another one, and indigenous peoples struggled for their own existence. Currently, the state has turned its attention to them, developed and adopted a number of programs for the sustainable development of the indigenous peoples of the North. In scientific terms, all this requires a new understanding and development of new methodological approaches. The author adheres to the methodology of sustainable development of indigenous small-numbered peoples of the North in modern conditions. Without detracting from the positive components of the previous state policy of paternalism and protectionism, the author tried to show his new methodological vision in the study of the problem. Due attention is paid to the current Arctic strategy of the Russian Federation and the life problems of the peoples living in the zone.

ЮРИДИЧЕСКИЕ НАУКИ

36-40 141
Abstract
The work is devoted to the study of the influence of the philosophical and legal ideas of Russian conservatism on the politics of Alexander III. The analysis of the features of the era in which conservative ideas were most widespread in the Russian Empire is carried out. The main postulates of the ideologists of conservatism of the 19th century are considered: K.P. Pobedonostseva, M.N. Katkov, R.A. Fadeev. Conclusions about the influence of conservatism on the further development of the Russian state are given.
41-45 103
Abstract
The article is devoted to the study of the evidential value of a pleading, which is one of the most common means of preliminary verification of a crime report. In light of the expansion of the list of investigative and procedural actions by the legislator in the course of such a check, carried out before a decision to initiate a criminal case is made, as well as a direct indication in the law about the possibility of their use as evidence, the question arises about the meaning of a pleading in criminal procedural proof. The article analyzes the compliance of a pleading with the basic requirements for evidence, defines the conditions for the legitimacy of their use in the process of criminal procedural proof. On the basis of the study, conclusions on the evidential value of a pleading are substantiated and presented.
46-51 96
Abstract
The artikle discusses the problem of training lawyers at the University. The author suggest the ideas for solving the problems and contradictions based on regulations and law-enforcement practice.
52-56 85
Abstract
The article deals with the various approaches to the definition of an institutionalization. The influence of institutionalization on the Russian legal system is studied in three following aspects: within historical analysis, analysis under acting legislation and effectiveness of realizing national policy due to constitutional guarantees.
57-62 146
Abstract
The article examines some topical issues of the procedural status of a legal representative in modern criminal proceedings. In addition to theoretical, attention is focused on normative and practical sources, the study of which gave reason to believe that in the process of ensuring the right to protection of a minor through the mandatory involvement of a legal representative, problems arise related to insufficient regulation of the quality of his activities in the interests of protection. It is stated that the successful protection of a minor in the person of a legal representative depends primarily on his personal qualities, i.e. a conscientious approach to their obligations and the effective use of the rights granted to him. Also, a comparative analysis of some of the procedural rights of a legal representative with another participant from the side of the defense - a lawyer was carried out. The article also proposes changes to the law enforcement.
63-66 78
Abstract
The article examines the criminal-legal characteristics of the subject of the crime, provided for in Article 285.1 of the Criminal Code of the Russian Federation “Misuse of budget funds” in combination with blanket interpretation and competition of norms. Attention is focused on questions of a definitive nature, since the criminal-legal definition of a subject does not clearly characterize the circle of persons involved in misuse of budget funds. The applied method of comparative analysis made it possible to identify a wider list of conditions and persons, including having signs of a subject of a crime in terms of the investigated composition, rather than criminal law regulation.
67-72 331
Abstract
The life of all Russian citizens is inextricably linked to the legal basis of entrepreneurship, since everyone has the right to begin their own business (under certain conditions), or constantly comes into contact with various types of entrepreneurs to provide their daily needs. The research contains conclusion about the inadmissibility of the use of category “business activity” to non-profit organizations.
73-77 199
Abstract
The article provides a historical and legal analysis of the formation and development of the institution of compulsory medical measures in the criminal legislation of Russia. As a result, the author comes to the conclusion that the formation of the institution of compulsory medical measures can be traced over many centuries, from the era of Peter the Great to the present day; in modern criminal law, one of the urgent problems is the solution of a number of issues that are of independent importance for the design and application of criminal law institutions in order to develop the right approaches to improving the current legislation, which also directly concerns the institution of compulsory medical measures.
78-82 110
Abstract
The article examines the theoretical and normative framework of additional professional education in Russia. Given the urgency of implementing the system of additional professional education in higher education institutions ‘ activities and the obtained results, today sharply there is a question about the completeness of its legal regulation. First of all, due to the fact that the Institute of additional professional education is not only theoretical but also normative gap, some problems and contradictions in application, including in the labour market. The aim of the study is to determine the state of legal regulation of additional professional education in the legislation of the Russian Federation, given its theoretical justification. Objectives of the study are to identify problems of development of legal regulation of additional professional education, the definition and theoretical understanding of its basic characteristics on the basis of study of scientific works Research methods are formal-legal, systemic, structural and functional analysis of normative and scientific text.
83-88 87
Abstract
The article considers the issues of legal support of environmental safety; law enforcement practice in the Arctic, as well as the main directions of ensuring environmental safety of sustainable development of territories and ways to bridge the gaps of existing environmental law.
89-93 147
Abstract
The article analyzes the origin of monuments of the Sakha people’s law, the activities of Professor M. M. Fedorov to search for and publish collections of customs of the Sakha people used by them in regulating their public relations before the introduction of legal regulation by legislative acts of the center of Russia, and personal comments on these collections.
94-102 203
Abstract
The policy of the states interested in the Arctic region has been different recently, and this is a general trend caused by legal norms in the region and historical context of the authors’ relationship. Now in the Arctic, there is a conflict of national and group interests, disputes over the ownership of the Arctic zones are escalating, also military activity is on the rise. The troops deployed in the Arctic zone of the Russian Federation must be equipped with modern weapons, and the infrastructure for basing troops and equipment must be improved significantly. The Arctic Development Strategy until 2035, adopted on October 27, 2020 by the by the Decree of the President of Russia, simultaneously with the strengthening of security, sets tasks in the social sphere, in the sphere of economic development, reinforces the need to implement a program to support the traditional economic activities of small-numbered indigenous peoples, the construction of cargo ships, and the development of the transport scheme. Another issue outlined in the importance of the development of science and technology in the interests of the development of the Arctic.

YOUNG SCHOLAR’S TRIBUNE

103-109 810
Abstract
The article examines the issues of “soft power” and Turkey’s foreign policy towards the Central Asian republics in the post-Soviet period. The analysis carried out contributes to the understanding of Turkey’s position in the Central Asian region. The author comes to the conclusion that since 1996, due to the transformation of national identities, as well as foreign policy priorities, the Republic of Turkey departs from hegemonic ideas in favor of building long-term bilateral relations with each country separately.
110-115 101
Abstract
In order to support small and medium businesses that find themselves in the high-risk category due to the threat of the spread of a new coronavirus disease in the Republic of Sakha (Yakutia), it was decided to suspend the inspections; however, certain dishonest legal entities and entrepreneurs use the imposed restrictions on the grounds for initiating and conducting exceptional inspections in relation to such persons and organizations. The purpose and objectives of the research were to study legal relations arising in connection with the implementation of state housing supervision in relation to legal entities and entrepreneurs when organizing and conducting exceptional inspections based on applications, the specifics of organizing and conducting exceptional inspections on the basis of appeals to the state housing supervision authority during a difficult epidemiological situation in the country. The research used the method of content analysis, as well as comparative and logical methods. It revealed the grounds for the approval of exceptional inspections by the prosecution authorities during the above period. Conclusions were drawn about possible instruments of influence on unscrupulous legal entities and individual entrepreneurs.
116-119 180
Abstract
Punishment in the form of deprivation of the right to hold certain positions and engage in certain activities occupies a special place in the system of types of punishments in the Criminal code of the Russian Federation. At the same time, being a universal and promising type of punishment designed to correct convicts without isolating them from society, the penalty of deprivation of the right to hold certain positions and engage in certain activities is imposed as the main punishment almost ten times less often than as an additional one. The author concludes that the main reasons for such a rare appointment of this type of punishment is an underestimation of its punitive impact, as well as problems in criminal legislation regarding the term of its appointment.
120-125 273
Abstract
The article provides a comparative legal analysis of bankruptcy procedures applied to legal entities and applied to individuals The modern law enforcement practice shows that the institution of bankruptcy, having the same goals and similar legal processes, when comparing such seemingly identical legal systems as the bankruptcy of legal entities and the bankruptcy of individuals, develops in absolutely opposite ways. In case of bankruptcy of legal entities, the debtor’s creditors are in a preferential position, and the bankruptcy of legal entities has a pronounced pro-creditor character. As a result, rehabilitation procedures as external management and financial recovery are not applicable in practice. In turn, the bankruptcy of individuals is pro-debtor, which certainly puts the debtor’s creditors in a vulnerable position and as a result has a side effect, which is expressed in the abuse of rights.


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2587-5612 (Online)