Legislative Sources Research Articles

Integration Processes in the Polyethnic Society of the Peloponnesos after the Byzantine Restoration of 1262

This paper addresses the problem of the Greek-Latin frontier in the Peloponnesos in the second half of the thirteenth century. In 1262, Byzantium regained control over a part of the peninsula. This action disrupted the order that developed there during fifty years and changed the power balance in the region. The author has analysed the transformation of the frontier society of the Peloponnesos when Byzantine administration returned to the country and the peculiarities of integration processes and socio-cultural interethnic interaction under the changed political realities. The sources for the research were the Chronicle of Morea and Latin and Byzantine legislative sources. It has been revealed that in the early years of the “Byzantine reconquest,” the struggle between the Byzantines and the Franks for the territories was accompanied by their rivalry for the political loyalty of the local population. Although the Byzantine strategy of encouraging the Greek resettlement from the Frankish regions to the regions of Mistra had some impact, these migrations did not become widespread; neither did complete isolation of the Greek population from the Latin occur. In the conditions of intensive socio-cultural exchange, the political loyalty of the mixed population of the peninsula was determined either by personal motives or by the wish to have protection, which was especially important in time of military operations. Despite frequent military conflicts, the mixed Greco-Latin society continued to exist and develop, and the persons living in changing political and cultural realities often had to manoeuvre between the Franks and the Byzantines. The conclusion is that the Byzantine restoration in the Peloponnesos did not interrupt the integration processes, and the frontier society kept its special and complex way of life that shaped on the border of the Latin and Byzantine civilizations.

Historical and legal aspect of the formation and development of positive law

Description: The article is aimed to attract the attention of not only theorists, but also historians of the study of law to the fact that the latter began its evolution from «custom». It is the latter that is based on worldview recognition and submission. It was closer to justice, and therefore met the ideas of the ideal of the law as the supreme good; it provides peace, order and mutual understanding. Methodology: The research methodology is based on the principles of historicism, systemicity, scientific character, interdisciplinarity. The following methods were used: historiographic analysis, historical and genetic, terminological analysis, comparative, typological. Based on a wide range of published and substantiated studies in the field of principles of the formation of law, the authors systematized and scientifically proved the formula of causal relationships, which ultimately made a decisive influence on the development of positive law. Results: According to the authors, the current legislation, as well as the formation of the state, has passed a significant historical path of its formation and development from the primitive custom to the positive law sanctioned by the state. Moreover, in the early states, custom prevailed even with persistent and constantly strengthened attempts by public authorities to influence the legal status of society and dominate it through the judicial and administrative apparatus. This, in turn, ensured a gradual combination of various forms of legal regulation originating from society and the state. The very origins and foundations of the current legislation can be found even in the social regulation of primitive society, which was carried out with the help of customs, taboos, morality, and the like. Moreover, the basic principles of customary law as the first form of positive law were mythological and religious principles, which were also developed and supplemented in the further development of its forms. The sources of the current legislation which reflect the historical beginning of its gradual formation and development are different in certain spatial and social dimensions. As for the current legislation, it arose in the context of the gradual and prolonged formation of a socially heterogeneous society, as well as the development of social and economic relations. At the same time, the theoretical and historical conditions for the emergence of officially established modern legislation are formed through the list of social interests of strata close to the state apparatus. These circumstances made it possible to make managerial decisions that would better protect their property rights and opportunities, and helped them in the institute of positive law, which was generally binding for the whole society.

Семейные истории о Великой Отечественной войне: специфика исторических источников

The article considers the principles and methods of studying behavioral practices in the everyday life of people through their fates during the Great Patriotic War. The materials of oral history are analyzed, the subjectivity of which does not distort, but complements the information of legislative and clerical sources. Valuable information is contained in declassified and digitized documents of the Martyrologist of the Great Patriotic War of 1941–1945. Based on the memories of war and labor veterans, data of electronic resources highlighting new facets of known events, forms and methods of overcoming dangers and threats in extreme conditions are shown, which made it possible to identify a specific mechanism for the formation of the human factor in the military defense potential of the country.

THE FINENESS OF RIGA SCHILLINGS UNDER POLISH RULE (1581-1621)

The aim of study. The paper discusses the change of the silver proof of Riga schillings in the so-called Polish times. According to the Corpus privilegiorum Stepheneum (14 January 1581), Riga was confirmed minting rights, which however prescribed changes in coin design and fineness: on the one side coins had to bear the insignia of the Commonwealth and on the other side the coat of arms of the City; coins had to be of the same fineness and weight as the Polish and Lithuanian coinage so that there were no difference in their usage. Research methodology. Methods of analysis, classification, generalization and statistical methods were used to obtain the tasks set in the work. Riga schillings are arguably among the most widely studied and well-known coinages of the city mint of Riga, the capital of modern Latvia. In 1582 the first Polish style shilling was minted in Riga. Starting with 1588 shillings and 3-groschen coins (dreyer) were produced in the name of Sigismund III. Carrying almost all the same visual attributes as the coins of Stephan Bathory. From the late 16th century until the mid-17th century the production of this northernmost situated mint occupied a dominant role in the Polish-Lithuanian Commonwealth market of small change. This has been suggested by the various archaeological data offered by Polish numismatists. Despite the fact that Riga schillings have been a subject of research over the last century, to this day scholars have not reached common understanding on the quality issue of the schillings. As is evident Baltic and Polish numismatists have disagreements about metrological terms of the early Commonwealth schillings. Scientific novelty. In an attempt to clear up some of the problems, three legislative sources will be paid special attention: ordinances of the Warsaw Sejm 1579/80 and the ordinances of the Monetary Commissions of Warsaw from 1604 and 1616. The Conclusions. This article argues that the Riga schillings were minted accordingly to the mint order, however from 1604 Riga (and Lithuanian) schillings deviated from the Polish schillings as they were minted of higher minting standard..

LEADERS OF THE MUSLIM MOVEMENT RUSSIAN EMPIRE ABOUT KEY POLITICAL ISSUES THE BEGINNING OF THE XX CENTURY

In the article, based on a wide range of documents, an attempt is made to analyze the interaction of the leaders of the Russian Muslim social movement on the main political issues of two key regions: the Volga-Ural and the Caucasus, at the beginning of the 20th century. We are talking about the cooperation of the leaders of the Muslim movement in considering the issues of the models of statehood and autonomy and land. The interaction of Muslims of the Volga-Ural region and the Caucasus in the framework of the activities of the Ittifak al-Muslimin party, the Muslim faction of the imperial State Duma of four convocations, during the revolutionary events of 1917 and the Civil War is considered.The source base of the study is bills, legislative sources, programs of parties and factions, clerical materials, verbatim records of meetings of the State Duma of all four convocations and Muslim congresses. Methodologically, the article is based on systematization, classification and analysis of these documents. To compare the facts and events related to the activities of the leaders of the Muslim movement of the Russian Empire at the beginning of the twentieth century and to determine their role in the history of interaction between the Muslims of the Volga-Ural region and the Caucasus, the comparative-historical method adopted in domestic science was applied. The conclusions are made that, firstly, the economic and intellectual elite of the Tatar and Azerbaijani peoples stood at the head of the social movement of Muslims of the Russian Empire. Secondly, the main issues facing the Muslim politicians of Russia at the beginning of the twentieth century were questions about the form of government and the autonomy of Muslims and land. Thirdly, the political cooperation between the leaders of the Muslims of the Volga-Ural region and the Caucasus at the beginning of the twentieth century led to the creation of the All-Russian Muslim party "Ittifak al-Muslimin", the Muslim faction of the State Duma, and the convocation of All-Russian Muslim congresses.

Adatvédelem a foglalkoztatásban. Mit mutat az esetjog?

A digitalizáció és a globalizáció összefonódása következtében soha nem látott mértékben került összeütközésbe egymással a munkáltató információhoz való joga és a munkavállaló magánélethez fűződő joga. Ezzel egyidőben olyan mennyiségű és jelentőségű új jogforrás, állásfoglalás és hatósági határozat született Európában és Magyarországon, amelyeket érdemes alaposabban górcső alá venni. A tanulmány fő célja megvizsgálni az Európai Unió Bírósága, az Emberi Jogok Európai Bírósága, valamint a magyar Kúria és a Nemzeti Adatvédelmi és Információszabadság Hatóság foglalkoztatást érintő esetjogát a szervezetek toborzás- és kiválasztási gyakorlata, valamint a munkavállalók munkaviszonnyal kapcsolatos ellenőrzése kapcsán. A tanulmány a dokumentumelemzés módszerével döntéseket elemez azért, hogy segítse az iránymutatást az állásra jelentkezők, illetve a munkavállalók magánszférájához fűződő joga és a munkáltató információhoz való joga között húzódó határvonal pontosabb megismeréséhez.

موقف الفکر العلمانی من استقلال السنة النبویة بالتشریع لدى الإمام الشافعی (دراسة نقدیة)

عنوان البحث: موقف الفکر العلماني من استقلال السنة النبوية بالتشريع لدى الإمام الشافعي (دراسة نقدية) .يتکون البحث من: تمهيد، وثلاثة مباحث، وخاتمة، وفهارس. احتوى التمهيد: التعريف بالإمام الشافعي وجهوده في خدمة علم الحديث. في المبحث الأول: منزلة السنة کمصدر من مصادر التشريع ومفهومها وأدلة وجوبها لدى الإمام الشافعي. وفي المبحث الثاني: موقف الفکر العلماني من مفهوم السنة لدى الإمام الشافعي ، وموقف الفکر العلماني من خبر الآحاد لدى الإمام الشافعي. وفي المبحث الثالث: شبهات أصحاب الاتجاه العلماني للإمام الشافعي حول السنة النبوية: الشبهة الأولى :الاستقلال بالسنة وعدها مصدر للتشريع لدى الإمام الشافعي. والشبهة الثانية :اعتبار السنة وحي ملزم کالقرآن لدى الإمام الشافعي. الخاتمة: اشتملت النتائج والتوصيات، والفهارس. ومن أبرز النتائج: يعتبر الإمام الشافعي القرآن الکريم والسنة النبوية من أوائل أدلة الأحکام للتشريع . کما أنه حرص على لزوم السنة النبوية إذا وافقت القرآن الکريم، وإن لم يکن فيها نص کتاب فهي لازمة وذلک مما فرض الله من طاعة رسوله . يرفض العلمانيون مفهوم السنة عند الإمام الشافعي وهي کل ما سنة رسول الله  فيما ليس فيه کتاب. ويتهمونه بأنه هو من ابتدع مفهوم السنة النبوية وهو من وسع مفهومها لتشمل کل الأقوال والأفعال والموافقات . Title of the Research: attitude of secular thought on the independence of the Prophet’s Sunnah through legislation with Imam al Shafi‘i (a critical study). The research consists of: an introduction, three topics, a conclusion, and indexes. The introduction contains: introducing Imam Al Shafi‘i and his efforts in the service of hadith science. The first topic: position of the Sunnah as a source of legislation, its concept, and the evidence for its necessity according to Imam al Shafi‘i. The second topic: position of secular thought from the concept of the Sunnah according to Imam al Shafi‘i, and the position of secular thought on the news of isolated hadith according to Imam al Shafi‘i. The third topic: The suspicions of the followers of the secular trend for Imam Al Shafi‘i about the Prophet’s Sunnah: The first suspicion: Independence in the Sunnah and considering it as a source of legislation for Imam al Shafi‘i. The second suspicion is that the Sunnah is considered a binding revelation like the Qur’an according to Imam al Shafi‘i. Conclusion: Includes results, recommendations, and indexes. Of the most prominent results: Imam Al Shafi‘i considers the Noble Qur’an and the Sunnah of the Prophet among the first evidence of rulings for legislation. He was also keen on the necessity of the Prophet’s Sunnah if it agrees with the Holy Qur’an, and if there is not a text of the Qur'an, then it is necessary, and that is what Allah enjoins on obeying His Messenger The secularists reject the concept of the Sunnah according to Imam al Shafi‘i, which is all the Sunnah of the Messenger of Allah when there is no Qura'nic verses in it. They accuse him of being the one who invented the concept of the Prophet’s Sunnah and that he expanded its concept to include all words, deeds and approvals.

الخطوات العملیة لشرح حدیث خــیر الـبریـة

الخطوات العملية لشرح حديث خير البرية أمل بنت إسماعيل محمد زاهد الصيني قسم الکتاب والسنة، کلية الدعوة وأصول الدين، جامعة أم القرى، مکة المکرمة، المملکة العربية السعودية البريد الإلکتروني: Dr.alseni@hotmail.com ملخص البحث: تعد خدمة السنة النبوية شرفا عظيما لمن وفق لذلک؛ لکونها المصدر الثاني للتشريع الإسلامي، حيث حظي الحديث النبوي عناية کبيرة من قبل العلماء، وتنوعت جهودهم في التصنيف فيه، جمعا، وتخريجا وتحقيقا، وشرحا وتحليلا؛ لبيان معانيه، وتوضيح مقاصده، وبيان بلاغته، وما حواه من آداب وأحکام، وفقه ومناسبات، وقد تعددت مناهجهم وطرائقهم في ذلک، وتفننوا فيه کل تفنن. ونظرا لأهمية هذا الموضوع، وتعلقه بفقه الحديث، وشرحه، ودرايته الذي هو ثمرة علوم الحديث وغايتها ومقصدها وبه قوام الشريعة، وحاجة المعتنين بشرح الحديث النبوي إلى الوقوف على الخطوات العملية الصحيحة، والضوابط العلمية القويمة التي يجب مراعاتها؛ لشرحه، وبيان معانيه وتفسيرها، واستنباط فوائده، وأحکامه، ؛ وذلک لکي يستقيم وينضبط لهم فهم الحديث، والسلامة مما وقع فيه الکثيرون بسبب الغلط في هذا الباب، وقع اختياري على هذا الموضوع الموسوم بـ: (الخطوات العملية لشرح حديث خير البرية)؛ وذلک لتأصيل تلک الخطوات على أسس علمية متينة، وبيانها وتوضيحها من خلال التطبيق العملي لها؛ ليفيد منها المعنيون بشرحه، وتدريسه. وقد اقتضت طبيعة البحث تقسيمه إلى مقدمة وستة مباحث، حيث تناول المبحث الأول: التعريف بـ (علم شرح الحديث)، في اللغة والاصطلاح مع ذکر أنواعه، وتناول المبحث الثاني: الإشارة إلى نشأة (علم شرح الحديث) وأهم طرقه، وعرج المبحث الثالث: إلى خطوات تخريج الحديث والحکم عليه، وتناول المبحث الرابع: لغويات الحديث والمعنى الإجمالي له، والمبحث الخامس: خصص لبيان فقه الحديث من حيث: التعريف، والعلوم المتصلة به، وأهم روافده، وأما المبحث السادس: فقد تناول الفوائد المستنبطة من الحديث، ثم الخاتمة وفيها أهم النتائج والتوصيات. practical Steps to explain The best of Creatures Hadith By: Amal Bint Ismail Mohammed Zahed Al-Seiny Department of the Holy Qur'an and Sunnah Faculty of Dawah and Osoul Al-Deen Umm Al-Qura University Mecca, Saudi Arabia E-mail: Dr.alseni@hotmail.com Abstract Serving the Sunnah is a great honour for those who cherished it. Sunnah is recognized as the second source of Islamic legislation. Hence, the prophetic traditions (Hadith) have received great interest from the scholars whose efforts have been various regarding the processes of classification, collection, documentation, verification, explanation and analysis which intend to show the meaning, objectives, rhetoric, manners and rules as well as jurisprudence and the occasion of the Hadith. Accordingly, their approaches and methodologies have been varied to the extent of excellence. Due to the importance of the topic- being relevant to the discipline of Hadith, its interpretation and knowledge which is the fruit of Hadith science, its objectives and purposes- Hadith constitutes a basic pillar of the Sharia. Those who are concerned with the interpretation of the Hadith need to follow the perfect academic steps and apply moderate scientific controls along their interpretations of the Hadith to highlight the meaning, explanation as well as benefits and provisions. Therefore, the scholars of Hadith would secure a better understanding of the Hadith and at the same time, they would avoid the errors committed by the foremost scholars. To sum up, the researcher has chosen this topic to establish those steps upon a deeply- rooted scientific basis clearly explained through a practical application to help those who are concerned with the study and explanation of Hadith. research includes an introduction, six chapters and a conclusion. first chapter highlights the science of Hadith explanation as a concept and a language showing its types. second chapter refers to the early beginning of Hadith explanation and its methodologies. third chapter traces the steps of documenting, verifying and judging Hadith. fourth chapter handles the linguistics of the Hadith as well as the general meaning. fifth chapter is dedicated to the discipline of Hadith in terms of definition, related sciences and the most important sources. sixth chapter is dedicated to handling the resultant benefits of interpreting Hadith. Finally, the conclusion sums up the findings of the research and the recommendations.

الرد العلمی على شبهة ضیاع أصل صحیح البخاری

الرد العلمي على شبهة ضياع أصل صحيح البخاري أحمد بن نافع المورعي قسم الکتاب والسنة، کلية الدعوة وأصول الدين، جامعــة أم القــرى، المملکـــة العربية السعودية. البريد الإلکتروني: anmorri@uqu.edu.sa ملخص البحث: تمثل السنة النبوية الأصل الثاني للتشريع الإسلامي، بعد القرآن الکريم، فهما منبعان للتشريع متعاضدان. وفي أيامنا هذه تعرضت السنة لحملات مغرضة من غلاة العلمانيين، والحداثيين ، ومن أبرز الشبهات المثارة التي ينعقون ويشغبون حولها شبهة ضياع أصل صحيح البخاري، وأنه لا توجد نسخة خطية يعتمد عليها لصحيح البخاري إلى غير ذلک مما يرمون إلى الطعن في السنة وکتبها، فکان هذا البحث لدحض هذه الشبهة ورد هذا الافتراء، وقد أوردت نص هذه الشبهة وسردت من ذکرها قديما وحديثا، ورددت ردا علميا عليها ، وقد تتبعت المنهج النقدي في عرض الشبهة وتفنيدها ، وکان من أهم النتائج التي خرجت به هذه الدراسة: أن الروايات لصحيح البخاري موجودة متداولة، ومشتهرة، واختاروا رواية الفربري بعد مقارنتها بغيرها، وتحديد نقاط الاختلاف بين النسخ. The Scientific Response to repudiate the Suspicion of Losing the Original Book of Sahih Al- Bukhari By: Ahmed Bin Nafea Al-Moree Department of The Holy Qur'an and Sunnah Faculty of Dawah and Osoul El-deen Umm Al- Qura University Kingdom of Saudi Arabia E-mail: anmorri@uqu.edu.sa Abstract The Prophetic Sunnah constitutes the second pillar of Islamic legislation after the Holy Qur'an. Both books are consolidated sources of legislation. These days, the Sunnah has been exposed to biased campaigns launched by extravagant secularists and modernists. One of those outstanding suspicions is that of losing the original book of Sahih Al- Bukhari and there is no manuscript written by such Imam .. etc. Those suspicions meant to speak evil of the Sunnah and its books. Hence, this research intends to repudiate those suspicions and their allegations. The researcher has inserted the wording of those suspicions with reference to those who advocated them in ancient and modern times. The scientific response to those suspicions, as well as the whole research, follows the critical approach where the suspicions are both displayed and refuted. One of the most important findings of this research is that the narrations of Sahih Al-Bukhari are provided, common and well- known. They chose the narration of Al- Ferabery after comparison with other narrations, then they specified the points of difference in between the various versions.

“For the Party Acted Wrong”: Noble Reflection of Court Trials in Volhynia in the Second Half of the 16th — First Half of the 17th Century

The article uses documentary material from the act books of Volhynia borough courts to analyze the perception and importance of the court for the Volhynia voivodeship nobility as an institution for protecting its honor and property in the community. The social changes that started in the Polish-Lithuanian Commonwealth after the conclusion of the Union of Lublin (1596) are highlighted. It is shown that those transformations were a pan-European trend determined by changes at the political, economic, social, cultural, and religious levels. The article singles out criteria which caused class discord in the Polish-Lithuanian Commonwealth, and presents the two-pronged classification of the federal judicial system including the division into political and civil proceedings. It is noted that the concepts of “honor”, “freedom”, “right”, and “privilege” were crucial for the establishment of a noble corporation.The examples of four cases from borough courts show how noblemen could interpret encroachment on their status, which required the opposing party to behave ethically and respectfully despite the conflict situation. It is traced that the nobility demanded similar respect for its property, which was an important determinant of its place in the community. It is established that the main legislative source of appeal for the voivodeship gentry seeking to preserve its rights were Lithuanian Statutes, namely the Second, so-called Volhynian Statute (1566). It could be used both for the benefit of the injured party and the defense; however, the case was not always solved in favor of the injured. A legally savvy defense attorney could achieve the desired result for their party even in the event of its guilt. The article shows the connection between the noble perception of the law as a system of codification clauses, which protected noblemen from external dangers and social reality of the Commonwealth, with non-legal instruments of a stratified society, where the notions of sedentarity, patron-client relations, and clear knowledge of the specific legal system functioning were important.

Закон и правовой обычай как источники водного права в России второй половины XIX в.

The article is devoted to studying sources of water law in Russia in the second half of the XIX century. The authors’ attention is focused on the correlation between law and customary law as sources of water legislation. It is emphasized that the topic under consideration is weakly studied in pre-revolutionary legal literature and modern historical and legal literature. The paper presents Russian legal scholars of the second half of the XIX century on the discussion topic of determining the place and role of custom in legal reality. The analysis of the sources of water law allows the authors to conclude that the main formal legal source of water law in Russia in the second half of the XIX century was the law, while customary law, as a regulator of water relations, prevailed in the peasant community.

Asalib At-Tarbiyah Al-Mustanbathah Min As-Surah Al-Ghosyiyah

The holly quran is the constitution of the Islmamic nation, the quran descent from the preserved tablet to the sky of the world, then the hostel with Gabriel Alaihi salam for the sake of the creature and the most honorable people of the prophet Muhammad shalallahu ‘alaihi wasalam it is the first source of Islamic law legislation. And Islamic education activities need pedagogy methods from the Quran and Sunnah. These methods are very important because the divine methods were revealed from Allah, who is the Creator of mankind, the knower of what He created. Today, many educators did not use the Islamic education method, not knowing it, He raised a generation without the Islamic education curriculum and Islamic education methods, from which a generation is born that does not know God’s right to it. For this reason, the author has demonstrated these methods of divine education from Surah Al-Ghasyah.

Домашний арест в системе мер процессуального пресечения в отношении несовершеннолетних (в генезисе)

To implement the norms of international law into the practice of Russian legal system while choosing a preventive measure against an accused minor or a suspect, to decide on the most humane preventive measure is the issue of great importance. This position is reflected in Art. 423 of the Criminal Procedure Code providing the fundamental foundations of criminal procedure provisions concerning preventive measures against minors. When making a decision on restraint measures related to isolation from society, the possibility of applying an alternative, more humane preventive measure should be taken into account. The article describes the ratio of house arrest to detention. It has been justified that in the system of preventive measures house arrest should be recognized as a measure not related to isolation from society, and as a more common alternative to detention. The legislator periodically attempts to improve the procedural situation of minors involved in criminal procedure. Problems are connected with unstructured placement of norms regarding juvenile suspects and accused in the Criminal Procedure Code of the Russian Federation. Secondly, it is linked with the absence of features of house arrest of minors. All this makes the author state that despite the large-scale judicial and legal reform, the legal regulation of preventive measures against minors needs to be further improved. The subject of the study is a scientific analysis of the sources of criminal procedure legislation on the legal regulation of house arrest in the system of preventive measures against minors. The purpose of the study is to provide scientific analysis of the features of house arrest applied to minors and to form an author’s position on this issue. Research methods cover systemic analysis, structural, logical, and comparative scientific methods. The results achieved are the analysis of the system of preventive measures against minors with the identification of the specifics of house arrest, the recognition of this measure as a preventive means not related to isolation from society, and the formation of the author’s version of the norm of the Criminal Procedure Code of the Russian Federation governing this preventive step.

The origin of the state system of land surveying in the times of Kievan and Moscow Rus in the X–XV century

As early as during the reign of Yaroslav the Wise (1019-1054), the main legislative source Russkaya Pravda (1054) was compiled, indicating the types of land ownership, borders and areas of land plots for taxation. This was the first step towards creating the simplest system of accounting and evaluation of land and other natural resources in the state on a legislative basis. Methods of land division depended on the structure of ancient Slavic settlements. The first artificial borders appeared for economic needs. Appearance of the first industries-hunting, fishing, cattle breeding, poultry farming and others, was the reason for the appearance of the first signs indicating places of private use. Drawings of land were made based on the results of inspections, inventories and simple measurements, the length of lines was measured with a measuring rope, and the area of agricultural land and forests was determined.By the beginning of the 15th century, there was a need for state land surveying (determining the location, describing borders, calculating areas, issuing legal documents for ownership, resolving disputes over land), as well as collecting information about state borders and natural resources. In X–XV centuries, not only the first important concepts of surveying were developed, but also the beginnings of the cadastre system of land accounting and division of 16–17 centuries were formed.

QUALITY OF MODERN LEGISLATION OF UKRAINE, THAT REGULATES PRIVATE RELATIONSHIPS

Legislation of Ukraine, that regulates private relations, has Romanic basis. Historically, the civil law dates to 451-450 B. C. the traditional date when Rome adopted its Twelve Tables (a code of laws applicable to Romans). However, the most significant event in the development of the civil law historically, was the compilation and codification (that is, the selection, arrangement, and simplification) of all Roman law done under the direction of Byzantsne Emperor Justinian (483-483 A. D.). This code, known as the Corpus Juris Civilis, was compiled between 528 and 534 A. D. It was important, because it preserved in written from the ancient legal system. When Roman overran the Western Empire, they law was displaced to some extent was by the rules of the Germanik tribes. Besides, Germanik tribal law, recognized the principle of personal law, so the former Roman subjects and their descendants were allowed to follow the Roman law.The article analyzes questions of quality of sources of modern legislation of Ukraine. Quality of modern legislation is enacted for reasonably solve related civil disputes and safeguard the legal rights and interests of parties.Paid attention to concept of quality civil legislation and legislation that regulates private relationships with a foreign element. The decision of quality of legislation is offered. Some criteria of quality of legislation are determined. The conclusions of the article are sent to the improvement of legislation of Ukraine. Undoubtedly, the result of law-making process must be a quality legislation. Texts of legal acts must be reliable. The language of legal acts must answer principle of scientific character. Terminology must be popular.

ROLE OF NON-PROFIT ORGANIZATIONS IN INCREASING ELECTORAL ACTIVITY OF CITIZENS

Citizens participation in elections is the most accessible and effective mechanism for society's influence on the political system. However, the problem of absenteeism (refusal to participate in elections) is currently characteristic for Russia and in particular for the Vologda region, which actualizes the task of determining ways to increase the electoral activity of citizens. One of these methods may be the activities of non-profit organizations. The purpose of the study is to determine the role of non-profit organizations in increasing the electoral activity of citizens. The information base of the study are legislative sources, official statistics, data from sociological surveys: regular monitoring of public opinion of residents of the Vologda region (n = 1500) and an expert survey of heads of non-profit organizations (n = 35). Main methods: system, comparative, statistical and sociological analysis. The key results of the study are as follows: the dominant form of absenteeism in the region is identified (distancing from the government, not its " tacit approval»); it is established that the activities of NPOs have a positive impact on the electoral activity of citizens; a number of recommendations have been formulated for authorities, as well as for non-profit organizations themselves, to involve NPOs in the electoral process.

Education agent standards in Australia and New Zealand – government’s role in agent-based international student recruitment

ABSTRACT Australia and New Zealand have enacted legislation to protect international students’ rights and the long-term sustainability of their export education sectors. A pivotal, but under-researched, sub-domain of these legislative frameworks is education agent-based international student recruitment. The principal-agent relationships between governments, education providers and education agents involve complex agency problems that regulators need to consider to safeguard the interests of government and international students. This article evaluates the longitudinal development of Australian and New Zealand education agent standards and other government regulation through the analysis of legislation, policy and other documentary sources. The findings demonstrate how, over time, Australia and New Zealand governments have adopted a more active principal role, seeking to steer and control education providers’ engagement with education agents, predominantly through legislation. The agent standards now contain a wide array of requirements for education providers to fulfil. However, there are a number of limitations that diminish a government’s ability to mitigate providers’ opportunistic behaviour and protect international students. This article concludes by discussing potential future avenues for government regulation in this policy domain.

In search of a free movement of forensic evidence: Towards minimum standards to determine evidence admissibility?

In coming to a European Forensic Evidence Area, an European Union ambition to be reached by 2020, judicial cooperation in criminal matters should be levelled-up. Grounded on the legal basis provided by the Lisbon Treaty, this research identifies the minimum standards to be developed by looking into the actions taken both from a legal and from a forensic-scientific perspective to standardise the collection, storage and use of forensic expert evidence. In examining the feasibility of such standards, primary sources of legislation, policy documents and case-law on a European level are compared with a comparative study of domestic norms in six jurisdictions. Depending on the phase in the chain of custody and fundamental principle involved, but also on the level of cooperation between the forensic and legal actors, it was noticeable that the comparison led to different conclusions, depending on the refusal grounds provided by the member states and the necessity of intervention at the European level to safeguard the underlying fundamental values.

Digital Hadith authentication: Recent advances, open challenges, and future directions

AbstractThe Holy Quran and Hadith are the two main sources of legislation and guidelines for Muslims to shape their lives. The daily activities, sayings, and deeds of the Holy Prophet Muhammad (PBUH) are called Hadiths. Hadiths are the optimal practical descriptions of the Holy Quran. Technological advancements of information and communication technologies (ICT) have revolutionized every field of daily life, including digitizing the Holy Quran and Hadith. Available online contents of Hadith are obtained from different sources. Thus, alterations and fabrications of fake Hadiths are feasible. Authentication of these online available Hadith contents is a complex and challenging task and a crucial area of study in Islam. Few Hadith authentication techniques and systems are proposed in the literature. In this study, we have surveyed all techniques and systems, which are proposed for Hadith authentication. Furthermore, classification, open challenges, and future research directions related to Hadith authentication are identified.

"PECULIARITIES OF LAW ENFORCEMENT AUTHORITIES IN PREVENTION OFFENSES AMONG MINORS"

This scientific article discusses law enforcement agencies’ role in preventing minors’ offences in cooperation with public organizations and formations. The internal affairs bodies are also involved in this direction, which purposefully carry out measures to avoid violations among minors. A unique role is played by their interaction in this direction both with school institutions and public organizations for the education of the younger generation. The juvenile delinquency prevention system should include the complex system as a whole of sources of administrative legislation regulating its organization and functioning. The effectiveness of prevention of the studied social phenomenon is primarily determined by the introduction of administrative and legal measures and other means of legal influence used to prevent juvenile delinquency. Of course, additional, comprehensive efforts are needed to improve the practice of applying administrative legislation and optimize organizational and legal forms of adolescent delinquency prevention. In our opinion, we should not forget about the use of an interaction mechanism that solves the tasks of developing common approaches to solving the problems facing them; planning standard measures for the timely resolution and prevention of this problem among minors; the creation of support groups that contribute to improving the living conditions of adolescents in modern society; the appointment of persons responsible for the implementation of practical tasks for the timely resolution and prevention of offences among minors.