Official Interpretation Research Articles

‘두 아들의 비유’(마 21:28-32)의 본문 유형과 국문 번역사 고찰

The present article attempts to study the text types of Matthew 21:28-32 (the parable of the two sons) and its Korean translation history, and to put forward a suggestion for the upcoming revision of the New Korean Revised Version (NKRV). There are mainly three text types of Matthew 21:28-32. The first type represented by the Codex Sinaiticus portrays the first son as the naysayer but fulfilling his father’s will. The second type as in the Codex Vaticanus favors the second son as being obedient in the end. The third type as appears in the Codex Bezae describes the first son as repentant to answer his father’s request, but it features Jewish leaders who give Jesus a perverse answer that ironically commends the second.BR The current NKRV provides a translation based on the second type of the text. In contrast, the Korean New Testament (KNT, 1900), the first full NT translation in Korea considered the first type to be the original. At that time, the Board of Official Translators used Chinese bibles to draft the Korean translation, which then was emended and improved based on the KJV, the ERV, and the Palmer’s Greek New Testament (1881). They also referred to the three critical commentaries written or edited by Charles J. Ellicott, Heinrich A. W. Meyer and Henry Alford. It is interesting to note that all these resources prefer the first type as the original for Matthew 21:28-32. This can explain why the translation in the KNT (1900) is different from the present NKRV.BR This difference was, in fact, occasioned by the KRV (Korean Revised Version, 1938). Since the Korea-Japan Annexation Treaty in 1910, Koreans got used to Japanese bible. Thus, the revision committee used not only the NTG12 (1923) but also the Taisho Revised Version (1917) as its source text. It should be noted that these two Greek and Japanese bibles show Matthew 21:28-32 in accordance with the second type. This gave rise to the change of the text type in the KRV. From this revision onward, its translation has been passed down to the current NKRV with no great change in its content. However, the majority of the Matthean scholars and textual critics now consider the first type closer to the original for Matthew 21:28-32. Accordingly, it is necessary to reconsider its text type for the future revision of the NKRV.

Object and subject of fraud in the field of lending under the criminal legislation of the Donetsk People's Republic

Subject of research: criminal law categories the object and subject of fraud in the field of lending, responsibility for which is provided for in Art. 166 of the Criminal Code of the Donetsk People's Republic (hereinafter the Criminal Code of the DPR), in the context of the content of property relations regulated by the civil legislation of the Donetsk People's Republic (hereinafter the DPR).
 The purpose of research: to identify substantive shortcomings in the formulation of the object and subject of the crime under Art. 166 of the Criminal Code of the DPR, followed by a proposal for options for their elimination.
 Methods and objects of research: to obtain the results of the study, the methods of cognition used in the humanities (legal) sciences were used. The content analysis method was used in the study of the content of the relevant provisions of the criminal and civil legislation of the DPR in terms of determining the object of criminal law protection against theft in the field of lending. The method of system analysis was used in studying the issues of providing adequate criminal law protection of public relations in the field of lending. Dialectical and formal-logical methods were used in assessing the quality of the differentiation of criminal liability for fraud in the field of lending and other theft committed by deceit or breach of trust, carried out by the legislator of the DPR.
 Results of research: the content of the subject of the crime under Art. 166 of the Criminal Code of the DPR, needs an extensive official interpretation. To do this, it is necessary to extend the scope of Art. 166 of the Criminal Code of the DPR on relations based on a loan agreement. The subject of fraud in the field of lending must be recognized not only as cash and non-cash funds, but also other property, as well as property rights, as defined in Art. 168 of the Civil Code of the DPR.

"한국어-스페인어 기계 번역 성능 분석 연구 - 구글 번역기와 네이버 파파고를 중심으로"

This article performs performance evaluation and error analysis of the Korean-Spanish translation service engine. Unlike previous studies, the research is conducted by diversifying the types of texts to be studied and dividing them into texts with and without official translations. The translation services for study are Google Translate and Naver Papago. The translation engine performance evaluation uses BLEU score, which is one of the types of automatic evaluation, and as a result, both translation services showed relatively low evaluation scores. Also, in the case of error analysis, it is divided into four types: words, grammar, sentences, and typos. As a result of the error evaluation, word-related errors were seen the most, and the word substitution phenomenon was particularly prominent. In the case of word errors, it is characteristic that grammatical errors have a great influence on the meaning transfer of the translation, whereas there are often cases where it does not have a great influence on the meaning transfer of the translation. This study is significant in that it suggested the future direction of the development of Korean-Spanish machine translation through the evaluation of the Korean-Spanish translation service.

Otwieranie żydowskich domów modlitwy – rozstrzygnięcia prawno-administracyjne i pragmatyka urzędnicza w guberni piotrkowskiej (koniec XIX – początek XX wieku)

Opening Jewish Houses of Prayer: Legal and Administrative Arrangements and Clerical Pragmatics in the Piotrków Governorate between the End of the Nineteenth and the Beginning of the Twentieth Centuries The article shows a revision of the religious policy of the administrative authorities of the Piotrków Governorate Government regarding the initiative of opening new Jewish prayer houses. This change of attitude is best illustrated by archival materials, mainly of the Administrative Department of the Piotrków Governorate Government, stored in the State Archive in Łódź. A detailed analysis of historical documents revealed the actual attitude of the tsarist civil authorities to Jews residing in this area. While a relatively tolerant approach to the needs of Jewish communities was observed at the end of the nineteenth century, governorate clerks rigorously blocked their progression at the beginning of the next century. The ways used to legally restrict the opening of new prayer houses and the Jewish administrative struggle with the official interpretation of the Russian Empire law are discussed in the article.

Theoretical and legal problems of implementation in Ukraine Art. 37 of the Istanbul Convention

The article discloses the main provisions of Article 151-2, which include forcing a person to marry or continuing a forced marriage, cohabiting without marriage, continuing such cohabitation, or encouraging a person to emigrate to another territory. This purpose is more than the purpose of her life. Based on the basic principles and grounds of criminalisation, the expediency of criminalising forced marriage is analysed. It was concluded that a separate provision on the prohibition of such actions to a certain extent violates the principles of integrity and inadmissibility of the ban and will also lead to a collision and obstruction of the Criminal Code of Ukraine. The leading positions of scientists on this issue are analysed, and the provisions on forced marriage in the criminal legislation of the Netherlands, France, Norway, Montenegro, Sweden and other countries are illustrated. The main arguments for this conclusion are presented: based on the main principles and foundations of criminalisation, such as judicial-criminological, psychosocial, and socio-economic, conclusions and statements are made regarding the compliance of the criminalisation of forced marriage with these principles. The work analyses the foreign experience of the criminalisation of forced marriage. It concludes the legal regulation of this issue, responsibility for forced marriage, and the formation of provisions prohibiting the act. Some statistics on the ratification by European countries of the Istanbul Convention, which regulates domestic violence in Europe, are given, and conclusions are made about the importance of developing an official interpretation of the concept of "forced marriage" to eliminate or reduce the occurrence of conceptual confusion and conflict.

Trans Expertise and the Revision and Translation of ICD-11: An Analysis of Available French Data from a Trans Perspective.

Transgender and gender diverse (TGD) individuals’ depsychopathologization in the eleventh revision of the International Classification of Diseases (ICD-11) faces systemic discriminations built-in epistemic pipelines. Based on an analysis of unexploited data from ICD-11 and the French translation process, this article addresses power issues in participatory research and systemic discrimination within a socio-cultural context. We used a peer-driven participatory approach to conduct qualitative analyses of the French version of the ICD based on contributions from 72 TGD participants in the French study for ICD-11. The results highlight a major incongruence between participants’ propositions and the final official translation. Alternative terms were proposed and discussed by participants in regard to usage and concepts, but also encompassed participation and perceived futility of maintaining pathologization. We found discrepancies in the French publication and translation processes, respectively on gender categorization and back translation. These results question the relevance and implementation of ICD-11 for TGD communities and highlight failures at all three stages of the official French translation. Power issues have an impact on knowledge production and, while mechanisms vary, all relate to epistemic injustice. Involving TGD communities in all stages of medical knowledge production processes would reduce transphobic biases. Individuals with personal stakes involved in politicized research areas appear all the more necessary today.

Implementation of legal responsibility in legal consciousness and legal culture

The subject of the study of the article is the legal foundations of the institution of legal responsibility and the features of its interaction with legal consciousness and legal culture. The goal is to substantiate the need for effective legal regulation of legal liability, taking into account the existing forms of interaction with legal consciousness. The work carried out a comprehensive general theoretical analysis of the institution of legal responsibility and its role in the process of formation and development of the legal consciousness of citizens. The team of authors in the process of studying the place and role of legal liability in the legal system came to the conclusion that there is a relationship between the category under consideration and legal consciousness in the process of implementing legal acts that provide for measures of legal liability. The problem of a low level of legal culture can manifest itself not only in legislative and law enforcement activities. Shortcomings in the implementation of the official interpretation of legal norms and execution of the relevant act in some cases can also cause unlawful consequences, among which are: unlawful prosecution, exemption from liability in violation of established procedures, etc. In the course of the study, a whole set of methods of scientific knowledge was used, among which one can single out: the formal-legal method, the method of comparative legal analysis, systemic, dialectical and others. As a result of the research, it was found that there is a direct connection between the signs of positive responsibility and legal consciousness. In the absence of a high level of legal awareness, which would include both intellectual (views, ideas) and psychological (emotions, feelings) aspects, the implementation of the positive aspect of legal responsibility becomes impossible. It has been proven that positive responsibility, together with legal consciousness, contains volitional and intellectual aspects. The team of authors put forward an opinion according to which the positive responsibility of the individual can be represented as a mental attitude in the form of a sense of duty and the need to fulfill the existing duties to the required extent. Such a sense of duty will be available to the subject only in the absence of a struggle of motives, which is excluded in the developed general legal culture of the individual and society as a whole. Assimilation of the requirements of the law is a prerequisite for the presence of responsible behavior and legal awareness. Based on the results of the study of legal responsibility and legal culture, a conclusion is made about the close interaction of these categories and the need for the legislator to take into account such a connection when exercising his law-making powers. A brief description of positive legal liability with the establishment of its characteristic features is also given. Thanks to the study of the relationship between legal responsibility and legal consciousness, it was revealed that the level of culture will grow if the ideas of social justice, democracy and the rule of law are reflected in law.

Translation hermeneutics of the 1933/1953, 1983 and 2020 Afrikaans Bibles

The official Afrikaans Bible translations, published in 1933/1953, 1983 and 2020, influenced Reformed theology, sociopolitical perceptions and the role of the church in society. These issues bled through in the translations via the hermeneutical scope of the different eras. This study focuses on the influence of the hermeneutic foundations of the translators on the content, style and linguistic choices in these translations. The differences between the translations are quite obvious to the reader and a reflection of the fact that different translation strategies were followed. There were vastly different sociopolitical and religious contexts prevailing during the different translation projects. Not only did the sociohistorical setting in South Africa undergo dramatic changes, but internationally there were historic events, such as the two World Wars, the rise and fall of communism, globalisation and the rapid development of technology and the Internet. No official hermeneutic strategies were documented or self-reflectively employed by the translators of the Afrikaans Bibles and therefore this study will approach the hermeneutics of the translations from a descriptive point of view. Sociocultural and sociopolitical contexts together with developments in theological reflection will provide the background for understanding the prevailing hermeneutics of the translations.Contribution: A new Afrikaans Bible was released in 2020, and a need arose to put the Afrikaans translations in applicable hermeneutical contexts. This discussion provides insights into the hermeneutical backgrounds of the three official Afrikaans translations. This contributes to the knowledge base of Afrikaans Bible translations and provides new insights into the hermeneutics of these translations.

A Pathway to Climate Neutral Buildings: Definitions, Policy and Stakeholder Understanding in Sweden and China

In recent years, ‘climate neutral buildings’ has become one of the most popular emerging terms in the context of global warming and the built environment. However, due to a vague definition, the term still lacks real-world uptake in practice. While initial research focuses on ‘climate neutral buildings’, few have discussed this term from the perspective of different countries or stakeholders. To address this gap, this paper explores the current understanding and future development of the term ‘climate neutral buildings’ in Sweden and China. Through a literature review of related definitions, an investigation of current regulations, and stakeholder interviews in both countries, we find that Sweden and China are in different stages of development towards climate neutral buildings. Sweden seems to surpass China in terms of theoretical research, regulation development and stakeholder understanding. Despite this, the two countries share similar issues regarding the future development of climate neutral buildings. Both countries lack an official interpretation of ‘climate neutral buildings’, sufficient regulations, and collaborations among different stakeholders. This paper suggests a foundation for the future development of climate neutral buildings.

Taiping Ideology and the Rewriting of the Chinese Bible

When the Taiping insurgents overran the ancient Chinese capital of Nanjing in 1853, the barely two-year-old Christianity-inspired armed uprising appeared to be unstoppable, controlling a large area of Southern China south of the Yangtze River. One of the urgent tasks for the leader of this new “Heavenly Kingdom of Peace” ( Taiping Tianguo), the self-proclaimed second son of God, Hong Xiu Quan, was to match his Taiping ideology with the teachings of the Bible—an important source of his inspiration and authority. Two official translations of the Bible were subsequently published by the Taipings, in which much alteration was done in order to promote Hong's brand of theology and beliefs and to remove stories of potential embarrassment for the regime. This article examines some of the major cases of rewriting found in the two Taiping editions, and provides possible reasons for the heavy-handed tampering with the biblical texts.

Updated brief recommendations onwriting and presenting systematic reviews: what’s new in PRISMA-2020 guidelines?

In this paper we present brief recommendations on planning, performing and presenting results of systematic reviews. Recent changes reflected in PRISMA-2020 statement have been taken into account. The article is not an official translation of PRISMA-2020 guidelines. It aims to assist Russian researchers to better understand the principles of writing systematic reviews, to see the difference between systematic and traditional reviews and to be able to present the results of information synthesis in accordance with international guidelines to ensure the interest of the international research audience.

Manifestasi Ideologi dalam Terjemahan Item Taksa Al-Quran oleh Abdullah Basmeih

Abstract Tafsir Pimpinan Al-Rahman (TPA) is the official Malay translation of the Quran. The government has worked on the translation ever since Malaya gained independence. Among the roles of TPA is to unite the Muslims in this country with one true belief. However, the Quran contains two types of meaning; the clear, direct verses as well as the ambiguous verses which are open for interpretations based on the translators’ ideologies. As such, the TPA is also subject to ideology-based interpretations of the translator. At the same time, the Muslims in Malaysia officially follow the Ahli Sunnah wal Jamaah and the Shafii School of belief. Therefore, this article reports on the findings from research carried out to examine the influence of the Ahli Sunnah wal Jamaah and Shafii School ideologies on the TPA translation of the Quran into Malay. Research data consists of ambiguous homonyms known as mushtarak. The research found that the TPA translation is in line with the belief and practice of the Malay Muslims in Malaysia who follow the Ahli Sunnah wal Jamaah and Shafii School of belief, through the selection of meanings consistent with the thought of the Shafii School, and the use of meaning interpretation approach to avoid resembling Allah with any creatures. This conforms to the Malaysian government’s policy on Islam.

The Xi Jinping administration’s desire for legitimacy: the strategic implication of its “new political party system”

ABSTRACT On June 25th, 2021, the State Council Information Office of the People’s Republic of China issued a white paper entitled “China’s New Political Party System.” This document argues that the political systems of Western nations are “outdated” and emphasizes the superiority of the political system of “Chinese democracy,” as promoted by Xi Jinping. However, the Chinese government’s official English translation leaves out the context of “newness” and does not emphasize the harmfulness of the West’s “outdated” system. Why was the English version rewritten with little nuance? This could be because of a desire to avoid drawing international criticism for its plan to boost China’s “international discourse power” (国际话语权 in Chinese), which President Xi Jinping has sought to shore up. This paper argues that China’s “new political party system” was implemented as a political tool to formulate Xi Jinping’s new social science theory. Thus, it did not bring about any major changes to China’s political consultation system, in which “democratic parties” can consult with the Communist Party but basically cannot oppose or disagree. Additionally, the phrase “new political party system” was created amidst conflict around discourse power with the West and was an argument with strategic significance in its connection to foreign policy. Discussion of China’s political system is likely to become all the more important amidst the current structural conflict between the US and China.

Официальное толкование норм права как инструмент построения российского правового государства

Introduction: the practical implementation of the idea of the rule of law requires the fullest provision of human and civil rights and freedoms, as well as restrictions on the right of state power. Despite the existence of the necessary legislative framework, contradictions and uncertainties periodically arise in the legal activity regarding the ways of further implementation of the law. The official interpretation of the norms of law helps to cope with this task, which allows for clarity and semantic certainty in the legal regulation processes. Purpose: the demonstration of the use of the official interpretation of legal norms as an independent means of maintaining the efficiency of the rule of law. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are systematic, analysis, statistical, historical. Results: the author’s position substantiated in the work is based on the study of the place and practice of using the official interpretation of the legal norms in the construction and maintenance of legal statehood. This is facilitated by the analysis of signs of the rule of law, the normative statistical data, the judicial law enforcement practice, as well as the individual interpretative acts. Conclusions: as a result of the conducted research, it is found that the role of the official interpretation of the legal norms as a tool to promote the efficiency of the rule of law is invaluable and irreplaceable. In fact, the official legal interpretation today is one of the most effective non-alternative means of not only revealing the meaning of laws, but also increasing trust and respect for the law, its knowledge and acceptance as a priority regulator of public relations. The idea of a rule-of-law state will remain an idea, without the use of legal interpretation activities in the legal sphere of society.

FEATURES OF THE HIGH SCHOOL MUSICAL SONG TEXTS TRANSLATION INTO RUSSIAN

The article is aimed at the analysis of the requirements for song translation. We have considered the studies of foreign and Russian linguists on song translation, identified the difficulties that a translator may face, translation solutions, and criteria for song translation. We analyzed the lyrics of the song What I’ve been looking for and its official translation performed by Mikhail Cherepnin and then we discovered whether the translator complied with the requirements or not.
 Background. There is a number of translation solutions and rules that allow achieving adequacy in the translation of musical texts and libretto of musicals. The analysis of M. Cherepnin’s translation is made on the material of the text of the High School Musical musical film.
 Purpose. The article considered the features of the translation of a musical text on the example of the translation of the song What I’ve been looking for performed by M. Cherepnin.
 Materials and methods. The material of the study was the High School Musical film and its official literary translation into Russian. We used the method of selection and analysis of theoretical material, the method of pre-translation, translation, post-translation analysis and comparative method when analyzing the text.
 Results. The results of our study showed that M. Cherepnin faced a lot of obstacles when translating the text of this musical film. His main goal was to preserve the singing component of the text, and not its figurative system, which affected the aesthetic and emotional impact.
 Practical implications. The results of our research can find a wide range of applications: they will be useful both for amateur translators involved in the interpretation of musical works, and for professional translators and linguists actively working in the field of song translation and studying it as a phenomenon.

Social representations of covid-19 in the unstable information environment (a mid-2021 study)

The relevance of studying the social consequences of the covid-19 is determined by the fact that this transforming event affected the most diverse aspects of life in the Russian society. The article presents the results of the survey conducted on the sample of the Moscow residents in mid-2021. The majority of respondents considered the coronavirus as a dangerous disease that should be taken seriously. The phenomenon of coronavirus, due to its complexity, poor knowledge and mass distribution, has acquired not only a biomedical, but also a political, economic and media dimension. The information field about the origin, sources and measures to combat this disease experienced changes over time and was often contradictory. A typological analysis showed that there are several groups with different social ideas about the origin, control measures and social consequences of the covid-19. A significant group - about a half of respondents - shared ideas that were alternative to the official and dominant interpretation of the coronavirus in the information field. The study revealed that the agreement on the dangers of the coronavirus was combined with the priority of personal choice of means to combat it. The majority of respondents (61 %) were against the introduction of mandatory vaccination: among the most popular motives were doubts about its effectiveness and fears of its side effects; the priority of individual choice and the rights of citizens rather than the state. A statistically significant relationship was found between attitudes towards mandatory vaccination and trust in government: a low level of agreement with mandatory vaccination obviously correlates with a low level of trust in leading social-political institutions. The authors show that the Russian media discourse on the need for mass vaccination was accompanied by a wide spread of ideas that rigidly differentiate Russian citizens, which cannot but cause concerns about the tasks of ensuring social stability and unity of the Russian society.

Propaganda prasowa w Czechosłowacji wobec NSZZ „Solidarność” na przykładzie dziennika „Rudé Právo” (1980–1981)

The wave of strikes in Poland in the summer of 1980 and the establishment of the Independent Self-Governing Trade Union „Solidarity” caused understandable anxiety among the leadership of the Communist Party of Czechoslovakia (CPC), who was afraid of extending the „Polish counter-revolution” to their country. The propaganda in the press and other media played a key role in containing the threat from Poland. The rulers of Prague sought to present the citizens of such an image of „Solidarity” that would cause aversion towards Polish independent trade unions and reduce the risk of his postulates infiltrating their country. The aim of this article is to analyze the image of „Solidarity” as a trade union and social movement in Czechoslovak press propaganda on the example of the daily „Rudé Právo” – the central body of the Communist Party of Czechoslovakia. The content published in it was treated as an official interpretation of the position of the leadership of the communist party, on the basis of which most of the articles about events in Poland, published in other press titles in Czechoslovakia, were written. The article was based on an analysis of the content of „Rudé Právo” from August 1980 to December 1981. The analyzes of the content of the Czechoslovak press prepared at that time by employees of the embassy of the People's Republic of Poland in Prague were also used.

Besim Korkut Efendi, A Bosnian ‛Ālim: His Life, Works and Contributions to the History of Islam

Following the conversion to Islam, Bosnia and Herzegovina has produced many Muslim scholars and these scholars in return attracted multitudes of disciples and followers. These scholars and their disciples became a backbone of Bosnian scholarly climate. The Korkut family was one of these families which heavily influenced the scholarly environment in Bosnia. The last scholar in this family was Besim Korkut Efendi. Examination of scholars, their works and their scholarly environment in which this family and Besim Korkut himself is situated is extremely important if we want to see the Bosnian scientific world as a whole. With this in mind, we plan to present a short biography of Besim Korkut firstly. Besim Korkut Efendi was born on 25th of November 1904 in the city of Travnik, Bosnia and Herzegovina. The Korkut family, to which he belonged, produced some notable figures which worked in the office of mufti or became instructors in the madrasah of Elçi İbrahim Paşa during the period of 100 years, between 1830-1930. For instance, his grandfather Muhammad Dervish Korkut Efendi and his uncle Muhammad Hazim Korkut Efendi are first to come to mind in this regard. Besim Korkut attended primary school in Travnik and was supported by his father Ahmad Munib Efendi during these first steps in education. However, due to his father’s official duties they left Travnik shortly. Afterwards he went on to finish Okruzna Madrasah in Sarajevo. In the period of 1920-1925 he continued his studies at the School of Sharia and Qadi Profession also in Sarajevo. This school was founded by Austrian-Hungarian government in 1887 for specialization of future qadis. During Besim Korkut’s stay in the School of Sharia and Qadi Profession, he attended the classes of some notable figures of Bosnian scholarly scene, such as Mehmed Tevfik Azapagich Efendi, Mehmed Jamaluddin Chaushevich Efendi and Sulayman Sarach Efendi. Afterwards he recieved his higher education at the University of al-Azhar and graduated in 1931. After the graduation he became a teacher in a number of Sarajevan high schools, as well as in the School of Sharia and Qadi Office. Also he taught in some schools in Mostar in the same period. Later he became a lecturer at the High School of Islamic Sharia and Theology in Sarajevo. After the formation of Higher Islamic Sharia and Theology School, he was appointed as a lecturer in the Islamic history department. Between 1950-1967 he also worked for Oriental Institute in Sarajevo. Working for this Institute, he worked on the translation from Arabic of Kalila and Dimna, One Thousand and One Nights and three copious daftars which were retrieved from State Archives in Dubrovnik. After his retirement on 01/03/1967, Besim Korkut continued to teach Arabic language at the Department of Eastern Languages of the Faculty of Philosophy, University of Sarajevo. Beside his numerous works and translations, Besim Korkut Efendi also wrote two books in the field of history of Islam, Kratak Pregled Povijesti Islama (A Brief History of Islam) and Istorija Islama (History of Islam). The fact that these books were written as early as 1930s adds to their importance. Especially his History of Islam was convient as a handbook for university students. He also wrote an important article about the School of Sharia and Qadi Profession, which he attended earlier in his career. Likewise, his article on the University of al-Azhar is worth mentionint in this context. His most famous work is his translation of the Holy Qoran into Bosnian, which is still recognized as official translation. This translation was published two years after Besim Korkut’s death. This was first rendering of the Holy Qoran in Bosnian in the history. There exist many other works of Besim Korkut. Besim Korkut Efendi died on the 2nd of November 1975 and was buried at the cemetary of Bare in Sarajevo. In this short biography, we plan to show the importance and contribution of the Korkut family in general, and Besim Korkut Efendi’s in particular, in the formation of Bosnian scholarly climate. With the example of Korkut family or other similar families and personalities, it is also intended here to show the importance of biographical stuides in the attempt to draw a clear picture of any scholarly environment.

Internationalization of domestic law in the context of legal positions of the Russian Constitutional Court and the Russian Supreme Court

The article is aimed at identifying legal positions on the relationship between international and domestic Russian law in the decisions of Russian Constitutional Court and Russian Supreme Court.The purpose of the article is to confirm or disprove hypothesis that the practice of Russian Constitutional Court and Russian Supreme Court significantly changed the content of norm of Russian Constitution that recognizes generally recognized principles and norms of international law and international treaties as part of the Russian legal system.The methodological basis of the study was formed by both general scientific methods (dialectical, analysis and synthesis, induction and deduction) and special methods (synergistic, systemic-structural and formal-legal).The main results, scope of application. The main body of the article covers three interrelated issues. Firstly, the problems of interpretation of Pt. 4 of Art. 15 of the Russian Constitution. These problems are summarized to the ratio of the categories “generally recognized principles of international law” and “generally recognized norms of international law”, to possible contradictions between the current international treaty with the participation of Russia and the provisions of the Russian Constitution as well as to exceptions from the priority of international treaties over the domestic law of Russia. Five such exceptions are highlighted: the unconditional primacy of the Russian Constitution; domination of an international treaty only in the event of a conflict of its norms with the internal law of Russia; the presence in an international treaty of dispositive norms that are inferior to domestic law; taking into account the level of legal force when determining the correlation of an international treaty with the sources of national Russian law; implementation of an international treaty as self-executing or non-self-executing, when the priority of the latter directly depends on the adoption of an appropriate normative act of domestic law. Secondly, the system of legal positions of the Russian Constitutional Court on the relationship between international and domestic law and their target mission is considered. The legal positions on the issue under study are divided into two groups - on the interaction of international treaties with the domestic law of Russia and on the assessment of the prospects for the incorporation of the legal positions of the European Court of Human Rights into Russian legal system and the limits of its jurisdiction. The consolidating basis of all judicial legal positions is the unconditional priority of the Russian Constitution, the need to differentiate the normative content of an international treaty with the participation of the Russian Federation and acts of official interpretation by the authorized body of its norms, as well as the desire to preserve the constitutional identity of Russia. Thirdly, the subject of reflection was the limits of the internationalization of domestic law.Conclusions. There is an obstacle to the further internationalization of domestic law. It is the presence of spheres of public and state life that cannot and should not be included in the subject of international legal regulation and are subject exclusively to domestic legal impact. In addition, the framework of internationalization is due to the conflict with the state sovereignty of Russia and the desire to ensure the inviolability of the foundations of the constitutional order and national interests, and to ensure the country's constitutional identity.

Historical interpretation in law: content and types

The subject of the study is historical method of interpretation in law, its capacities and types. Despite the recognition of historical interpretation by legal science, there are no specialized works and there is no consensus on the content of this method of interpretation. Historical interpretation is considered both as an interpretation based on a previous rule of law, as an interpretation considering the conditions for the adoption of the norm, and as an interpretation based on the practice of applying the interpreted norm.The purpose of the study is to substantiate the authors' hypothesis that historical interpretation in law is an intellectual activity that involves clarifying the content of a legal prescription, achieved based on identifying legal and non-legal factors that both precede the creation of the norm and accompany its adoption. In addition, the authors set the task to identify those factors that should be taken into account in historical interpretation, as well as to classify the types of historical interpretation. The analysis of historical interpretation is made using scientific methods: induction and deduction, formal legal, comparative legal synchronous and diachronic methods.The main results, scope of application. Historical interpretation considers political, economic, social, and legal factors. Legal factors include the rules of law that preceded the interpreted norm, repealed acts, official and unofficial documents of law-making entities, draft laws, acts and the norms contained therein that accompanied the interpreted regulation, i.e. were adopted simultaneously with the interpreted norm, as well as other factors, such as the level of development of legal science and legal technique.The authors suppose that historical interpretation cannot be considered as a homogeneous way of interpretation. In reality, the historical interpretation in law can be carried out using different techniques and methods, in relation to heterogeneous legal prescriptions, and carried out by subjects with different legal status. Therefore, several grounds for classifyinghistorical interpretation are proposed. First, it is a classification that considers the connection of historical interpretation with the other ways of interpretation. According to this criterion, it is possible to divide it into a proper historical and a complex historical interpretation. Complex historical interpretation includes historical-systematic, historical-functional, historical-teleological, historical-legal, and historical-linguistic interpretation. Second, the basis may be the sources of law that contain the rules of law. On this basis, historical interpretation is divided into the interpretation of prescriptions of normative legal acts, legal customs, normative contracts, etc. Third, it is possible to classify the historical interpretation, depending on whether the rule of law is valid or not, into the historical interpretation of the rules that have lost their legal force and the historical interpretation of the rules of the current law. The latter, in its turn, is divided into the interpretation of the current legal norms of the current content and those legal norms that have not lost their force but are outdated in content. The fourth classification is based on subjects and includes historical official interpretation and historical unofficial interpretation.Conclusions. Correct approach to the concept and process of historical interpretation of the content of legal norms, as well as the choice of the type of historical interpretation helps in law enforcement, allows you to put forward scientific hypotheses, predict the further development of law based on historical knowledge of the interpreted norm, assess the possibility of reviving canceled acts in recurring socio-economic and political-legal situations.