Русская академическая традиция в творчестве С. В.bЮшкова: преемственность и новаторство в отечественной историко-правовой науке

The article aims to show the transformation of the science and the academic discipline “History of Russian Law” over the period from 1917 to the 1940s, to establish the degree of continuity and innovations that manifested in the transformation. The study is based on research works on the history of state and law, published historical sources, archival materials. Narrative, comparative legal, and institutional methods were used. Two institutional forms of legal science development were identified: universities and departments of the Academy of Sciences. In the 19th century, an independent area of scientific knowledge was established; its object was historical forms of law. Educational courses on the history of Russian law were based on the study of legislative acts and other sources of law. According to the University Charter of 1863, departments of the history of Russian law were created, scientific research was actively conducted, and works on the history of law were published. After the 1917 revolution, the political and ideological trends in legal science and education changed dramatically. Universities and academic structures as institutional forms survived, but underwent major changes. Law faculties were abolished at universities, specialized departments were closed. The history of Russian law or a comparable discipline in content was not taught. To prepare new academic personnel and conduct research in social sciences and the humanities, including legal science, the Socialist, subsequently Communist Academy and the Institute of Red Professors were opened. These institutions did not create separate units specializing in the study of the history of state and law. The circle of researchers studying such problems decreased sharply. In the 1930s, the Soviet model of the organization of science and higher education, which included many elements that had developed in the Russian Empire, was approved. Interest in historical sciences was restored. Curricula for training lawyers included a discipline that was first called “History of the State and Law of the Peoples of the USSR”, and later “History of State and Law of the USSR”. The leading role in the development of its content, object, and method belonged to S.V. Yushkov. The continuity with the history of Russian law was preserved. The most significant differences were the change in the chronological and territorial framework, the etatization of the object, and the use of the Marxist methodology. New approaches were reflected in the textbook History of State and Law of the USSR. The first part of the textbook, prepared by S.V. Yushkov, was published in 1940. It covered only the prerevolutionary period. The second part described the history of the Soviet state and law. It was edited by A.I. Denisov and published in 1948. Thus, by the end of the 1940s, the new branch of scientific knowledge and academic discipline was established.

HISTORICAL AND LEGAL SCHOOL OF IVAN FRANKO NATIONAL UNIVERSITY OF LVIV – ONE OF THE MOST OLDEST SCIENTIFIC SCHOOLS IN UKRAINE

The article examines the development of administrative law science and education at Lviv University, which is an integral part of the evolution of the Faculty of Law of Lviv University and public law research in general. It is noted that the Faculty of Law of Lviv University has a long history and plays a significant role in the training of specialists in the field of public administration. The purpose of the study is to trace the influence of historical, political and ideological factors on the formation and development of administrative law science; to clarify the role of Lviv University in training specialists for the field of public administration; to determine the place of administrative law in the structure of public law and to study the formation of scientific schools; to obtain historical experience for reforming modern legal education and science in the field of administrative law; to identify scientific achievements and the contribution of some individual scientists for the development of administrative and legal thought. Methodology. The study is justified by the presence of references to administrative law in scientific sources of various historical periods, the historical mission of the Faculty of Law of Lviv University to train public servants, the affiliation of administrative law to public law, the scientific school of which was actively developing at Lviv University, and the general importance of studying the history of legal education and science for modern reforms. Results. The author identifies several stages in the development of administrative law science and education at Lviv University: the formation of the Faculty of Law and the emergence of legal science and education (XVII-XVIII centuries); the development of public and legal science and education in the Austrian and Austro-Hungarian periods (XIX - early XX centuries); the development of administrative and legal science and education during the period of Soviet influence (1939/1945-1991); the development of administrative and legal education in independent Ukraine (since 1991). Scientific novelty and practical significance. The author emphasizes that the available scientific sources do not cover the development of administrative law as a separate legal discipline, but they allow us to outline key stages: the inclusion of disciplines related to public administration in the program since 1784 as part of public law; the period of the formation of science under ideological influence in Soviet times; the existence of administrative law as a component of the modern law training program.

The article is devoted to the scientific work of Serafim V. Yushkov, the founder of the science of the history of state and law. Based on the study of documents from the archival fund of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, the path of the scientist in life and science, his contribution to the study of the history of the ancient Russian state and law, source work on the study and publication of monuments of domestic law, including the Russkaya Pravda, the creation of a training course on the history of state and law are consistently revealed. Special attention is paid to the influence of the works of S. V. Yushkov on the formation of the history of the state and law of foreign countries. It is emphasized that it was through the efforts of S. V. Yushkov that the prevailing ideas about the subject and method of historical and legal science, the periodization of the history of the national state and law, and the research space characteristic of it were formed. The information on the criticism of S. V. Yushkov's works by other scientists of his time, on the discussion of these works at the meetings of the Academic Council of the All-Union Institute of Legal Sciences are given. The authors came to conclusion that through the efforts of S. V. Yushkov domestic scientists received for further research a thoroughly elaborated publication from a scientific standpoint of the fundamental monuments of ancient Russian law. The scientist's work significantly influenced further research in the field of the history of state and law, not only in our country, but also in foreign countries. Thanks to the students of S. V. Yushkov, who continued his work, an advanced historical and legal science was formed, and today it successfully performs its most important functions.

Serafim Vladimirovich Yushkov is the founder of the history of the Russian state and law, who formulated its subject, developed the periodization and methodology of the corresponding course. At the same time, the contribution of the scientist to the development of certain important issues of the history of state and law in the assessments of his contemporaries has not been fully investigated in modern literature. The archives have preserved littleresearched transcripts of meetings at which the works of S.V. Yushkov were discussed and debated. The study of this heritage, which reflects the controversial theoretical issues of that time, activates interest in the study of S.V. Yushkov’s contribution to historical and legal science, encourages the study of not only of the origins of Soviet historical science, but also of public discussions, as well as the positions expressed on them by scientists who worked side by side with him, on whose his creative search was carried out in front of his eyes. On the basis of archival sources not previously involved in scientific circulation, the article reveals the features and directions of scientific discussions related to the research of S.V. Yushkov, his contribution to the study of specific historical and legal issues. In the course of the research, retrospective analysis, concrete historical and comparative historical methods were used. It is concluded that the individual weaknesses of S.V. Yushkov’s concept revealed at the meetings in the process of criticism later turned out to be its strong point, and the scientific community recognized the outstanding merits of S.V. Yushkov in creating the foundations of the history of the national state and law.

The Round Table addresses issues of modern legal education and legal science in Russia and China. It is noted that in these countries, legal education and legal science are going through a transitional period. In both Russia and China, the introduction of market mechanisms and extensive contact with the West have led to the transformation of jurisprudence. Scientists and teachers faced the problem of adapting the national legal tradition to new historical conditions. The comparative analysis of Russia and China is also interesting because both states have a socialist past, and the legal system, legal science and legal education of China have experienced a noticeable influence of the USSR.

The purpose of the article is to introduce into scientific circulation, to attribute modern compositions of the academic mural painting in the Dormition Cathedral of the Kyiv-Pechersk Lavra, to study their genesis. The research methodology consists in the complex application of historical and cultural analysis, art study, diachronic ones, as well as empirical observation. The scientific novelty of the study. The materials of the survey and proposals for restoration (1998) the compositions of academic mural painting in the Dormition Cathedral of the Kyiv-Pechersk Lavra of the late 19th – early 20th centuries have been introduced into scientific circulation. The academic mural painting in the Dormition Cathedral, the 21st century, has been introduced into scientific circulation. Its attribution has been performed. The names of the artists have been introduced into scientific circulation and it has been detailed who among them is the author of the project, who painted the holy images and who painted the ornaments. The dating of the compositions in different compartments of the Cathedral and the technique of their performance have been determined. The main thematic and plot lines have been revealed. The thematic, plot, iconographic, decorative, coloristic connections of the modern academic mural painting with the murals of the late 19th – early 20th centuries and with visual records have been studied. The similarities and differences of the academic compositions of 1897–1901 and 2018–2022 have been analysed. The principle of forming the colouring of modern academic murals has been revealed. Conclusions. In the modern decoration of the Dormition Cathedral of the Kyiv-Pechersk Lavra, the Academicism painting (1897–1901) is presented in the apse of the southern nave (diaconicon). In this compartment, authentic fragments of academic compositions have been restored, the painting system has been revived based on archival photos, and some new academic compositions have been introduced to it. Mural paintings have been performed by artists under the supervision of Oleksandr Pashkovskyi in 2018–2019. They also performed new murals in the academic tradition in the altar part of side-altar of the Saint Apostle Andrew the First Called in the southern part of choirs in 2020–2021. In the northern part of the choirs, paintings have been started and then suspended in 2022. In the new murals complex the artists cite in extenso or in part the compositions of the late 19th – early 20th centuries using archival photos. The murals have been performed in mixed techniques: holy images in oil, ornaments in acrylic paints. The composition ‘Glorification of Theotokos’ differs in the techniques; it is painted with oil on canvas. In the modern interpretation, the cited compositions can keep or change the primary location. The colouring of the new murals is formed on the basis of fragments of authentic compositions. A considerable part of the decoration is occupied by stylised ornaments as well as in murals of 1897–1901. The new and primary mural painting combine same academic principles of visual language, iconographic and colour principles, thematic and plot lines. Same general thematic lines are such as Theotokos theme, the theme of the Last Judgment, the Christianization of Ancient Rus, images of the saints of Ancient Rus and saints associated with the Kyiv-Pechersk Lavra.
 Keywords: sacral culture, Orthodoxy, academic painting, mural painting, sacral painting, Ukrainian painting, Dormition Cathedral.

The article examines the features, content and main factors of the institutionalization of historical and legal science in the Soviet period. The discreteness of the national scientific tradition is noted, which was expressed in serious limitations for historical and legal science in the 1920s and 1930s, and then the approval of the scientific and educational discipline “History of the State and Law of the USSR”. The purpose of the article is to show the role of S. V. Yushkov in the institutionalization of historical and legal science. The following tasks were set: to determine the content of the institutionalization of science, to highlight its directions and elements; show the organizational, scientific and educational activities of S. V. Yushkov in the cognitive and social institutionalization of the scientific and educational discipline “History of State and Law of the USSR”. The main research methods are: the institutional method used to identify the forms of organization of science; the comparative legal method, which allowed us to compare different approaches to understanding the key problems of the history of state and law; the anthropological method used to establish the role of personality in the development of scientific doctrine. As a result of the study, the stages of institutionalization of historical and legal science in the Soviet period were identified and the elements that make up its content were highlighted. The main elements are scientific doctrine, organizational forms in the form of scientific and educational institutions and their structures, a scientific community with established forms of communication. It is shown how S. V. Yushkov, holding academic and scientific positions, actively formed the scientific community, supported various forms of scientific communication, and participated in all major scientific events. In discussions, discussions and reviews, he demonstrated high standards of scientific ethics. S. V. Yushkov’s contribution to the development of the doctrine of the history of the state and law of the USSR, the definition of the subject, methodology, periodization is significant.

The article analyzes one of the main categories of comparative jurisprudence — “comparative law”. The alternative to the general legal theoretical science approach to consider comparative law as the doctrinal part of comparative law has been offered. The article analyzes Western and Russian approaches to the definition of the terms “comparative law” and “comparative jurisprudence”. The term “comparative law” is analyzed from the point of general legal methodology. The concept “comparative jurisprudence” has a broader content and together with methodological part of comparative legal science includes the components of both scientific and educational character. The author pays attention to the absence of normative content in the understanding of the term “comparative law” indicating exceptionally doctrinal legal nature of this phenomenon. The inner structure of comparative law depends on the system of formation and interaction of the objects of comparative jurisprudence. It is mentioned that this approach does not contradict in principle to the true opinion concerning the division of the whole comparative jurisprudence into general and special parts. The author emphasizes the necessity of the complex use of the terms “comparative law” and “comparative jurisprudence”. The necessity of formation of new category of comparative legal science – the “universal theory of law”, which has a supranational character has been proved. The scientific and educational approaches for distinguishing the concepts “comparative law” and “comparative jurisprudence” have been analyzed.

The article is devoted to the analysis of the dissertation on the topic «Institute for Surveillance in the Law Enforcement System of the Russian Empire (Historical and Legal Research)», submitted by A. V. Matveev to the dissertation council 03.2.008.03, created on the basis of St. Petersburg University of the Ministry of Internal Affairs of Russia, for the degree of candidate of legal sciences, specialty 5.1.1 Theoretical and historical legal sciences (legal sciences). The author of the article, invited as an official opponent, gave a positive review. Determination of the specifics of the organization and functioning of the state-legal institution of surveillance and the surveillance service, a retrospective analysis of the experience of using the method of surveillance by bodies specially created for this purpose in the Russian Empire - these are the main advantages of A. V. Matveev’s dissertation. The applicant, relying on a wide range of research in various scientific fields such as the history of law and the state, the theory of law and the state, the history of law and the state doctrine, the history of the bodies that implement the law enforcement function of the state, carefully studied and analyzed a variety of archival material, including previously unpublished documents , thus introducing them into scientific circulation. Historical and legal research, the results of which supplement and give concrete expression to the sections of the history of the domestic state and law concerning the development and state of the state-legal system of the Russian Empire in the late nineteenth and early twentieth centuries, deepen the understanding of the organization and functioning of the law enforcement system of imperial Russia. The information about the features of implementation of political investigation in Russia, the rule-making specifics of the Ministry of Internal Affairs of the Russian Empire and the practice of the implementation of external observation in Russia in the late nineteenth and early twentieth centuries was accompanied by the applicant with theoretical and legal generalizations, including the field of state studies, in which the concept of «statelegal institution» may be in demand. Although a number of the applicant’s theoretical generalizations are by no means indisputable and are of a debatable nature, they can also be attributed to the merits of the work as a bold attempt to introduce something new into the conceptual and categorical apparatus of legal science.

ЖИТТЄВИЙ ШЛЯХ, НАУКОВО-ПЕДАГОГІЧНА ТА ГРОМАДСЬКА ДІЯЛЬНІСТЬ ВОЛОДИМИРА ГАВРИЛОВИЧА СОКУРЕНКА (ДО 100-РІЧЧЯ ВІД ДНЯ НАРОДЖЕННЯ)

The presented material highlights the main stages of the life path of Doctor of Law, Professor Nikolai Antonovich Pridvorov. Attempts were made to comprehend his contribution to the development of legal science and education in the Tambov region, the formation and activities of the scientific school, which functioned on the basis of the Derzhavin Tambov State University under the scientific supervision of Pridvorov since 1995. The life story of Nikolai Antonovich, the path of his education, his formation as a person, as a figure of an outstanding lawyer, the path of a lawyer and founder of the legal community in the Tambov region, his contribution to the development of legal education and science in the Tambov region, the formation of his own scientific school, strong scientific ties with various leading scientific and educational centers, evaluation and recognition of his works by foreign colleagues. It is emphasized that his scientific school was formed on the basis of the conceptual directions of the development of Russian legal science, theoretically substantiated the reform processes in Russia, while referring to the analysis of the historical and legal heritage of domestic and foreign scientists. The influence of N.A. Pridvorov on the formation of a whole generation of lawyers, which allowed the authors to assert that he was the foundation and basis of legal education and science in the Tambov region, leaving in each of his students a vivid idea of law, its supremacy and progressive significance.

The subject of this research is analysis of the process and key approaches towards determination of the subject of history of state and law of Russia in in the late 1950s – early 1960s, considering the designation of science and academic discipline in this period as “The History of State and Law of the USSR”. The research is based on chronological, institutional, and historical-comparative methods. The chronological method allowed reconstructing representation on the subject of the science of history of state and law of the Soviet Union in historical sequence. The institutional method established the basic framework for discussion the subject of science. The historical-comparative method ensured comparison of different approaches towards understanding of the subject of science. It is determined that the initiators of determination of the subject of history of state and law were the educators of historical-legal disciplines. The author reveals and analyzes the main publications that contain records of comprehension of the subject of science. Characteristic is given to the circle of scholars dealing with the indicated problematic. The authorial approaches are discussed.  The general and peculiar comprehension of the subject of science is demonstrated. The general consists in determination of the subject based on the historical type of state and law, highlighting the significance and specificity of the Soviet state and law. The differences pertain to setting priorities in the subject of science: establishment of general patterns in evolution of state and law, or examination of particular phenomena, processes and institutions in the history of state and law. The acquires results can be applies in the history of legal science. Discourse on the subject of history of state and law that unfolded in the late 1950s – early 1960s was beneficial to the advancement of historical-legal science.

In the article, the author analyzes the concepts of “subject” and “method” of the science of church litigation. The object of research in the work is social relations arising on the issue of the formation of the subject of the science of the church judicial process. Using the comparative legal method, the analysis of the main elements inherent in the legal and theological sciences was carried out. It is proved that the church judicial process is characterized by features of both legal and theological knowledge. The relevance of the research is determined by the fact that theological science in Russia is currently undergoing a stage of formation and testing of the main directions, which include the church judicial process. But the number of works devoted to this topic does not meet the needs of formulating structural elements of fundamental scientific knowledge. The purpose of the study is to form the structure of the main elements of the subject of the science of the church trial. The author, based on the available information about the similarity of subjects of various branches of legal science, identifies individual elements from among them for the formation of new scientific knowledge. Attention is paid to the question of the broad interpretation of the classification of the concept of the mechanism of legal regulation of the science of church litigation. It is proved that the subject of church litigation is close to the legal sciences, while maintaining its uniqueness, which consists in the presence of the Holy Scripture and the Holy Tradition of the Church among the sources, which makes it part of theological science.

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 identification of the essence of the imperial factor will allow us to form new approaches to the study of states and the analysis of their forms. The article examines the category of "empire" both from the point of view of its legal content and from the point of view of its philosophical, political and socio-cultural content. The methodology of scientific research is based on the application of general scientific methods of cognition (dialectical method of universal cognition, systemic, structural and functional), general logical (analysis, synthesis, abstraction, comparison); private scientific (formal legal, historical). The application of the historical method made it possible to comprehend the patterns of evolution of the concept of empire in legal, political and sociological science. Based on the conducted research, various ideas about the essence and nature of the empire have been identified. The scientific positions identifying the empire with the historical type of state based on the establishment of certain principles, values and ideals as dominants for the organization of the most just and organic life of peoples under its rule; with the method of territorial organization of multinational states; with the form of state-territorial structure are revealed. The article compares the presented positions. The correlation of the legal content of this concept, philosophical-political and socio-cultural is carried out. It is concluded that the legal projection of the empire category consists in its definition as a form of state, which determines the specifics of the form of government, state-territorial structure and political regime. The key features of the empire in these aspects are highlighted. The presented results can be used both in conducting a historical analysis of the structural and functional features of specific imperial states within the framework of the history of state and law, and in developing a general conceptual and categorical apparatus for studying states and their forms within the framework of the theory of state and law.