Principles Of Procedure Research Articles

A digitalizáció egyes kihívásai a büntetőeljárásban

Aim: Recent technological developments and their potential consequences pose novel challenges to criminal justice. Digital transformation is a necessary consideration for a modern and effective justice system; however, the rise of information technologies must also be reconciled with procedural safeguards that ensure the right to a fair trial. The aim of this study is to shed light on certain aspects of how digital technologies might affect our interpretation of some of the basic principles of criminal procedure, with an emphasis on the taking of evidence, where such fundamental requirements as the principle of immediacy have perhaps recently been somewhat neglected in favour of conducting the procedure within a reasonable timeframe.Methodology: Our legal framework and justice system must adapt to the advent of the digital age. Certain phenomena, such as Big Data analysis, social media, data and privacy protection, cryptocurrencies, as well as artificial intelligence have recently attracted special attention from legal scholars from all fields of law. The findings of this study are based on the review of the relevant literature in the field of digital technologies and law, as well as legislation and case law from the last few decades and potential future developments.Findings: The expansion of digital technologies into nearly all aspects of our lives is ever-present in our global collective awareness. The digital revolution challenges our previous concepts about communication, access to information and data protection, and has also already changed the way we think about work, education, or commerce. Technology has a massive potential for criminal justiceas well, including the right to a fair trial within a reasonable time. However, it may also contribute further to recent tendencies in the taking of evidence where procedural safeguards such as the principle of immediacy are sacrificed in favour of efficiency.Value: Digital technologies open a vast array of possibilities for criminal justice, however, also allow for new forms of criminality to emerge. Digitalisation and criminal procedure have numerous implications beyond the scope of this study (e.g. predictive policing) that merit further research.

Expert consensus on the laparoscopic radical resection of gallbladder cancer

The incidence of gallbladder cancer has been increasing. Radial resection is still the most promising curable treatment for patients with gallbladder cancer. Although the techniques required for laparoscopic radical resection of gallbladder cancer have matured, the number of reports is also on the rise, and laparoscopic radical resection of gallbladder cancer is still controversial. To standardize laparoscopic radical resection of gallbladder cancer, the Biliary Surgery Branch, Chinese Society of Surgery, Chinese Medical Association, together with the Chinese Medical Doctor Association in Chinese Committee of Biliary Surgeons, gathered experts to formulate recommendations and consensus on laparoscopic radical resection of gallbladder cancer. This consensus includes several parts: safety, preoperative evaluation, indications, surgical team, positioning of patient and trocars, intraoperative frozen examination, lymph node dissection, liver resection,bile duct resection, etc. Furthermore, suggestions on the principle of treatment, surgical procedures, and precautions were also provided for patients with delayed diagnoses of gallbladder cancer undergoing resection. This consensus aims to offer valuable suggestions for the standardization of laparoscopic radical resection of gallbladder cancer.

The existence of judgeʼs authority norm in preliminary review as an embodiment of the principle of immediate procedures in civil procedure law

A significant issue in the Indonesian legal system is the accessibility to justice in civil proceedings. This problem primarily arises from the rigid and time-consuming formal requirements, which hinder many individuals from effectively resolving their cases. Failure to meet these formal prerequisites often leads to case dismissals, ultimately impeding the application of the principle of a fast court process. This study aims to explore the extent of judgeʼs authority in assessing these formal requirements during the preliminary review in Indonesia. It adopts a normative juridical research approach, focusing on legislative and conceptual aspects. Primary, secondary, and tertiary legal sources are analysed using various interpretation techniques, including grammatical and systematic interpretations. The findings reveal two contrasting viewpoints: the principle of a passive judge, which views judges as mere court observers without active involvement, and the emerging perspective emphasizing the role of an active judge. The concept of an active judge allows judges to advise plaintiffs on improving their claims if they fail to meet formal requirements, preventing the dismissal of their cases. In administrative and constitutional court proceedings, some mechanisms exist for reviewing and completing claims during the preliminary phase. However, it is essential to note that judges in civil proceedings lack a specific legal basis for providing guidance and recommendations to plaintiffs, and such actions are considered optional rather than obligatory. This lack of concrete implementation of the principles of expediency and access to justice in civil proceedings results in a backlog of cases and numerous cases being dismissed. The results of the study can be used in further regulatory adjustments regarding judgeʼs authority norm for ensuring preliminary review conduct

Принципы гражданского процессуального права: сохранить основы

The article analyzes the current state of the principles of civil procedure law as a system-forming criterion for the independence of the industry. The problem of multiplicity in the scientific doctrine of new principles is revealed. Attention is paid to the mixing of the construction “principle of law” with other legal categories: “property”, “rule”, “mechanism”, “method”, “form”, “criterion”. It is recommended to revise theoretical and scientific material, rethink countless principles of civil procedure proposed in theory, and critically approach excessive division and artificial cultivation.

Sadržaj međunarodnih i europskih standarda presumpcije nedužnosti s osvrtom na Republiku Hrvatsku

The presumption of the defendant’s innocence is one of the fundamental principles of modern criminal procedure. It could be argued that there is no person who, regardless of the level of education and profession, has never heard of the maxim of criminal procedure according to which everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. Despite the general „popularization“ of the presumption of innocence, many legal scholars and practitioners would recoil to define its content and legal nature. After the introductory considerations, the paper analyzes the legislative history of the presumption of innocence in former Yugoslavian and Croatian legislation and the understanding of its legal nature. Furthermore, the content of the right to presumption of innocence is examined in international legal sources, primarily the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as in the jurisprudence of the European Court of Human Rights, and subsequently in the European Union law. The latter includes the normative codification of the presumption of innocence, which was implemented at the EU level by the adoption of Directive 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. The presumption of innocence is also analyzed from the viewpoint of the Croatian normative framework and case law. The last part of the paper contains concluding remarks.

Policing social media: Are procedural justice principles guiding Canadian police interactions online?

Police presence on social media has become increasingly common in recent years and has arguably altered policing in many ways. Although research in this area is increasing, the growing presence of police on a range of social media platforms requires further examination of the various nuances that continue to emerge regarding this symbiosis. To that end, only a small number of studies have examined this topic from the perspective of police personnel in the Canadian context. Accordingly, drawing on in-depth interviews with police personnel overseeing police social media sites, this article examines how Canadian police services manage negativity and conflict online. The findings suggest that police services address negativity and conflict on their social media sites by drawing on the principles of procedural justice to guide their interactions. We discuss the implications of these findings and how police–public social media interactions might be improved.

THE CONCEPTION OF PEOPLE'S SOVEREIGNTY IN INDONESIA: MOHAMMAD HATTA'S THOUGHT APPROACH

Sovereignty of the people is a principle embedded in paragraph IV of the preamble to the opening of the 1945 Constitution. However, the concept of popular sovereignty developed in Indonesia is a different concept from that developed in the West according to Rousseau's teachings. This research is doctrinal legal research using a historical approach and a conceptual approach, namely the idea of people's sovereignty based on Hatta's thoughts as one of the founding figures of the nation. Where the results of the research illustrate that the concept of popular sovereignty developed in Indonesia must be rooted in indigenous Indonesian cultures that have a collectivist pattern, collectivism is here seen as a way to accommodate the diversity of people in Indonesia who are bound by their respective regional characteristics. Conceptually, the people's sovereignty adopted by the Indonesian state contains 5 principles which are grouped into 2 basic principles, namely the essential principle which contains the principle of freedom and the principle of equality, as well as the procedural principle of implementing people's sovereignty which includes the principle of majority vote, the principle of accountability, and the principle of territoriality. The territorial principle is a finding developed from one of the ideals of popular sovereignty for Hatta, namely eliminating cultural nationalism, so that democracy can develop in a button-up manner that accommodates the noble values that exist in Indonesian society.

A Settlement Agreement in Civil Process as Ensuring of the Principle of Dispositiveness

The article is devoted to the analysis of the settlement agreement as a guarantee of the principle of dispositiveness in the civil process. However, substantive law is the basis for any procedural legal relations. Thus, the civil procedural principle of dispositiveness is an analogue of the principle of freedom in civil law. The principle of dispositiveness in the civil procedural sense means the possibility for the parties of the case to dispose their rights regarding the subject of the dispute at their own discretion. Dispositivity in the civil law sense is the freedom to perform procedural actions freely, without coercion. Dispositiveness in civil proceedings means that the parties to civil proceeding have the right to waive their claims against each other at any stage of the trial by waiving or admitting the claim, or by entering into a settlement agreement. The conclusion of a settlement agreement by the parties at any stage of the court proceedings is an ensuring of the principle of dispositiveness - the freedom to freely dispose of one’s procedural and material rights.
 Researched that settlement agreement is a reconciliation mechanism and the result of an agreement between the parties. The purpose of concluding a settlement agreement is to settle the dispute on the basis of mutual concessions and should concern only the rights and obligations of the parties. Also, the parties can go beyond the scope of the dispute, provided that the settlement agreement does not violate the rights or legally protected interests of third parties. The settlement agreement is a mixed contract, as it is regulated simultaneously by two branches of law - civil and civil procedural. In this regard, the norms relating to bilateral deed, civil obligation and civil agreement may be applied to the settlement agreement. The common features between these concepts in relation to the settlement agreement are that the settlement agreement is a bilateral agreement with a specific subject, parties, rights and obligations, and form. The settlement agreement is also considered concluded from the moment the parties have reached all essential conditions, which characterizes it as a consensual civil law agreement. The essential conditions of a settlement agreement as a civil law agreement are the condition about the subject and terms. All of the above means that due to its legal nature, the settlement agreement has both procedural and substantive legal features.

Short-term clinical outcomes and five-year survival analysis of laparoscopic-assisted transanal natural orifice specimen extraction versus conventional laparoscopic surgery for sigmoid and rectal cancer: a single-center retrospective study.

The cosmetic benefits of natural orifice specimen extraction (NOSE) are easily noticeable, but its principles of aseptic and tumor-free procedure have caused controversy. We conducted a retrospective analysis of the clinical data of patients who underwent laparoscopic-assisted transanal NOSE or conventional laparoscopic surgery (CLS) for sigmoid and rectal cancer at our hospital between January 2018 and December 2018. The study aimed to compare the general characteristics, perioperative indicators, postoperative complications, and five-year follow-up results between the two groups. A total of 121 eligible patients were enrolled, with 52 underwent laparoscopic-assisted transanal NOSE and 69 underwent CLS. There were no significant differences observed between the two groups in terms of gender, age, body mass index (BMI), TNM stage, etc. (P > 0.05). However, the NOSE group exhibited significantly shorter total incision length and longer operation time compared to the CLS group (P < 0.05). There were no statistically significant differences observed between the two groups in terms of positive rate of bacterial culture, incidence rates of intraabdominal infections or anastomotic leakage (P > 0.05). Furthermore, during follow-up period there was no statistically significant difference observed between these two groups concerning overall survival rate and disease-free survival outcomes (P > 0.05). The management of surgical complications in CLS is exemplary, with NOSE presenting a sole advantage in terms of incision length albeit at the cost of prolonged operative time. Therefore, NOSE may be deemed appropriate for patients who place high emphasis on postoperative cosmetic outcomes.

Implementing the DMA: Substantive and Procedural Principles

Implementing the DMA: Substantive and Procedural Principles

Институт дополнительного расследования в законодательстве Российской Федерации и Республики Беларусь: истоки и тенденции развития

The paper analyzes the problem of overcoming the objectively existing contradiction between the institution of returning a criminal case for additional investigation and the adversarial principle. Despite the enshrinement of the principle of adversarial proceedings and equality of parties in Art. 15 of the Code of Criminal Procedure of the Russian Federation, the initially eliminated institution of additional investigation was soon restored in its previous form. This allows the court, instead of pronouncing an acquittal, to provide the investigator with an additional possibility to continue collecting accusatory evidence. The purpose of the work is to search for alternative ways to ensure the effectiveness of criminal proceedings complying with the principles of the Russian criminal procedure, including those tested in the Republic of Belarus. In the Republic of Belarus, the technique of changing the charge to a more serious one directly during the trial and eliminating the incompleteness of the preliminary investigation by suspending the trial proceedings to collect additional evidence is used as such method. Taking into account the dynamics of legal phenomena and legal means, using methods of historical and comparative analysis, the author of the paper studies the origins of the institution of additional investigation in the Russian Federation and the Republic of Belarus, analyzes its development, and compares the means of criminal procedural response to the errors of the preliminary investigation revealed during the trial. The study demonstrates the failure of the experience of both countries, as they have failed to free the court from its unusual duty to make up for shortcomings and eliminate errors in the preliminary investigation. The author concludes that it is necessary to search for fundamentally different means of improving the quality of the preliminary investigation directly during pre-trial proceedings.

Tracking procedural justice in stop and search pedestrian encounters with police body-camera records

Abstract Procedural justice has emerged as a crucial dimension of fairness in policing. It encompasses the extent to which police officers listen to citizens, show care for the well-being of citizens, act with neutrality, and show respect to them. These matters arise during police-citizen interactions, such as police stop and search of citizens. In this study, we draw on a random sample of 150 stop-and-search encounters recorded on police body-worn cameras in a police force in England (UK) to assess police adherence to procedural justice principles. The analysis shows high ratings on voice, neutrality, and respect but relatively low score on trustworthy motives. We found evidence of procedural justice variability across police jurisdictions. However, there was no evidence of an association between procedural justice and outcomes of stop-and-search interactions. The implications of the findings are discussed.

Влияние правового менталитета на тип уголовного судопроизводства России

The paper analyzes the prospects for the development of a new criminal procedural law to replace the Criminal Procedure Code of the Russian Federation of 2001, which has lost its consistency. Using legal methods of scientific research, as well as the cultural method, the author analyzes the purpose of criminal procedural activity, the historical background of its formation and consolidation, as well as adversariality as an ideal form of contemporary criminal procedure. The paper shows that liberal legal values enshrined in the form of the purpose and system of principles of the Criminal Procedure Code of the Russian Federation of 2001 do not reflect the real interests of Russian society in the public sphere. Believing that determining the purpose of the criminal procedure and the place of adversariality in the system of its principles is a methodological mistake of the legislator, the author makes a number of conceptual proposals for improving the criminal procedure law. The author proposes to clarify the formulation of the goals and objectives of criminal proceedings, taking into account the specifics of the legal mentality of Russians. When formulating the purpose of criminal procedural activity, it is necessary to indicate the tendency of the criminal procedure to identify correctly the factual circumstances of what happened achieved through repeated verification of the facts in different procedures and by different officials. The tasks of criminal procedural activity formulated in the Criminal Procedure Code of the Russian Federation should be implemented in pre-trial and judicial proceedings by different criminal procedure subjects. It is proposed that the tasks of criminal procedural activity should include identifying a guilty person and assigning punishment to him; acquittal of an innocent person and his rehabilitation; identifying the factual circumstances of an incident; protection of individual rights and freedoms. Adversariality should be excluded from the criminal procedure principles, and the criminal procedure itself should be organized according to a mixed type with investigative pre-trial proceedings and adversarial judicial proceedings.

Revascularization in Immature Permanent Teeth - A Case Series

Immature permanent teeth with developing, root apices with dental pulp infections resulting from caries or trauma represent a formidable clinical challenge. Biologically based principles of regenerative endodontic procedures in the treatment of immature, necrotic teeth have replaced the traditional ‘apexification’ procedures. The purpose of this case series was to investigate the outcome of the pulpal revascularization procedure on immature permanent teeth with or without apical periodontitis. The case series comprised 3 patients (8–11 years of age), consisting of 4 incisors and 1 premolar with incompletely formed apex with or without signs or symptoms of periapical pathology. Induction of blood clot was the technique selected for root closure if the tooth was asymptomatic following the placement of intracanal antibiotic paste for 3 weeks. Apexification was initiated if the tooth remains symptomatic. Out of the five teeth revascularisation was successful, and continued root-end closure was obtained in four teeth. One tooth remained symptomatic and apexification was initiated. One patient failed to follow up for the study. Revascularisation by induction of apical bleeding is a potential source of stem cells for the continued root maturation and it creates a blood clot that would act as a biologic scaffold for the recruited stem cells.

Zawieszenie postępowania przygotowawczego a czynności dowodowe – postulaty de lege ferenda

In recent years, there has been a noticeable abuse by prosecution bodies of the institution of suspension of proceedings during the pre-trial proceedings. While it is possible on the basis of article 22 of the Code of Criminal Procedure, the prerequisites indicated in this provision are not enumerated and the catalog of prerequisites is open. It can lead to opportunism going too far as a basis for suspension of the proceedingsdue to the lack of statutory limits within which proceedings can be suspended. At the same time, it is considered that article 22 of the Code of Criminal Procedure applies not only to court proceeding already pending, but also to pre-trial proceedings. As a result, law prosecution bodies are even entitled to arbitrarily using the institution of suspension of proceedings, thereby leading not only to the possibility of losing evidence or distorting it, but also causing a restriction of the victims’ right to justice. The aim of the presented article is to show that the current form of the institution of suspension does not fully realize the requirements in accordance with the principles of criminal procedure, so the de lege ferenda postulate is a more detailed regulation of the issues relating to the actions that can be taken by law prosecution bodies, as well as those relating to securing of evidence.

Some Considerations on the Principles of Administrative Procedure

December 15, 2023 The Law of Ukraine "On Administrative Procedure" will come into force and introduce new rules for the interaction of the state with individuals (citizens and business) on the basis of the principles of good administration. A similar procedure applies in all member states of the European Union. The value of principles for relations of administrative procedure is primarily manifested in their law enforcement effect. The relevance of the topic is due to the need to ensure the practical implementation of the principles, which allows to comprehend the purpose and content of the administrative procedure, which means to create conditions for the implementation or protection of the rights and interests of the person and direct the administrative body to the conscientious execution of the assigned powers. The article is aimed at studying the new principles of administrative procedure, which for the first time are recognized as starting points for the implementation of their powers by administrative bodies. The achievement of the outlined goal became possible thanks to the use of a set of methods of scientific knowledge, with the help of which the essence of the principles of administrative procedure was determined, the provisions of normative legal acts were analyzed, in order to ensure their practical significance. The work considers such principles as openness, efficiency, presumption of legality of actions and requirements of a person, formality and guarantee of effective remedies. The characteristic of these principles on the basis of scientific approaches in the legal literature is presented and the corresponding provisions of the Law of Ukraine "On Administrative Procedure" on ensuring their practical implementation are analyzed. On the basis of the study, conclusions were formulated regarding the practical significance of the principles of administrative procedure. First, with their help, the administrative body achieves the correct application of material norms of law. Secondly, they provide minimum unified standards for ensuring the implementation and protection of the rights and legitimate interests of participants in administrative proceedings. Third, they interpret individual institutions and rules of administrative procedure. The obtained results of the study can be further used to assess the legality of the adopted administrative acts, procedural decisions and the performed procedural actions.

The Principle of Good Faith as the Principle of Implementation of the Administrative Procedure

The relevance of the topic is due to the fact that one of the fundamental principles of the administrative procedure is the principle of good faith, which has become both a reflection of the law enforcement need that has arisen in the process of judicial and regulatory practice, and the result of scientific developments carried out and the search for argumentation to determine the optimally necessary list of fundamental principles of publicity and management legal relations. The purpose of the article is to establish the content and essence of the principle of good faith as a principle of administrative procedure. The study used such general scientific and specifically scientific methods of scientific knowledge of the principles of administrative procedure as the historical and legal method; method of comparative law; generalization method and classification method. It is noted that the principle of integrity in an administrative procedure actually comes from the moral foundations of society and should be considered as one of its basic principles, defined in the legal and ethical standards of humanity, and is capable of reflecting the desire of an official and a private person to «act good honestly». The principle of integrity is considered in many areas, such as law, business, science and society as a whole. The main aspects of the principle of integrity as a regulator of social relations are indicated: honesty, understood as the ability of an individual or organization to act in accordance with the moral principles of society, avoiding deception, forgery and any other forms of dishonesty. Based on the study, conclusions are formulated and recommendations are given. It is substantiated that conscientious activity includes the fulfillment of all competent obligations. It is noted that the principle of good faith implies respect for the rights of others and attempts not to harm their interests or rights. It is recommended to consider the principle of conscientiousness in the implementation of administrative procedures as the principle of a responsible attitude of an individual to the consequences of his activities.

Discretionary Powers in the Context of Legal Regulation of Administrative Procedure

The article is devoted to the problem consideration of determining the content and characteristics of discretionary powers in the context of the administrative procedure legal regulation, which is caused by the adoption and necessity of introducing the provisions of the Law of Ukraine «On Administrative Procedure» into the practices of the subjects of authority. The actuality of the topic is determined by the necessity to qualify administrative bodies' powers as discretionary and implement the relevant principles of administrative procedure. The article aims to analyze the normative constructions of administrative proceedings available in Ukraine's legislation, which allow for the possibility of exercising discretionary or similar powers to develop a position regarding the limits and features of the practical application of norms of the Law of Ukraine «On Administrative Procedure». Achieving the outlined objective became possible through complex scientific knowledge methods, in particular dialectical and systemic approaches, formal-legal and comparative methods, and methods of analysis and synthesis. It is noted that the vast majority of normatively defined principles of administrative procedure are designed for the implementation of discretionary powers by administrative bodies. It was emphasized that an integral component of discretionary powers, in addition to the availability of legally defined options for decisions that an administrative body can adopt in the presence of specific grounds, is the availability of the administrative body's right to act at its discretion. Based on the conducted research on the content of the administrative bodies' powers in specific types of administrative proceedings, the conclusions were formulated that in administrative proceedings of a registration and permitting nature, the relevant administrative bodies do not have discretionary powers. It is noted that an example of full-fledged discretionary powers is the powers of administrative bodies in tort proceedings. This is due to the fact that sanctions for the commission of relevant offenses have a relatively defined nature. In such cases, the administrative body, at its discretion, selects the type and amount of sanctions, taking into account the circumstances of the case. Unlimited discretion is inherent in the authority of collegial bodies, particularly local self-government bodies, which is determined by the decision-making method by voting of the collegial body members.

Planning Acts in Administrative-Procedural Legislation and the Issue of (im)Possibility of Their Settlement

The relevance of the topic is due to two factors, on the one hand, the new stage of legal regulation of relations between private individuals and administrative bodies, which is connected with the entry into force of the Law of Ukraine "On Administrative Procedure", and on the other hand, the growing importance of planning acts and the need for their proper regulation. Both general scientific and special methods of scientific knowledge were used in the research. The purpose of the article is to substantiate the essence, characteristics, signs and requirements of planning acts, as well as proposals for their regulatory regulation. It is noted that it is important to distinguish planning acts based on what/whom the relevant act is aimed at. Part of the acts of planning and planning activities are aimed at internal organizational issues of the body itself or at the system of public administration. Another part of the acts of planning and planning activities is aimed at private individuals, creating legal consequences in the form of the emergence, change or termination of their rights and the creation of obligations. It is substantiated that the given classification has both theoretical and practical significance. The theoretical significance lies in the fact that the separation of planning acts from those aimed at determining the rights of private individuals from those that do not have an external direction will allow to fill the category of administrative law with content, such as "tools of public administration". Instead, the practical side of such a demarcation can contribute to the improvement of regulatory regulation. We are talking about the regulation of both the procedure for the adoption and implementation of acts, and the procedure for their appeal, because the question arises as to the possibility or impossibility of regulating such acts by administrative-procedural legislation, as well as the regulation of the procedural procedure for appealing such acts according to the provisions of the Code of Administrative Justice of Ukraine. On the basis of the conducted research, conclusions regarding administrative-procedural legislation were formulated and proposals were made, in particular, that the procedure for adopting a planning act should be closer to the adoption of an administrative act and be regulated by the Law "On Administrative Procedure". When adopting them, all principles of administrative procedure must be observed, although specifics must be determined by special legislation. Regarding the wording of plans, it is appropriate to call general planning decisions "plan", but when it comes to the second type, then use the term "act" - plan act, planning act.

Значение денонсации Конвенции о защите прав человека и основных свобод в 2023 г. для гражданского судопроизводства Российской Федерации

This article discusses the main provisions of the Convention on the protection of human rights and fundamental freedoms, which are important for the civil proceedings of the Russian Federation. The principles of judicial proceedings enshrined in the Convention are highlighted, as well as the provision on the mandatory execution of judgments of the European Court of Human Rights is analyzed. It is noted that the principles of civil procedure of the Russian Federation are unique, have been formed for several centuries and reflect national identity. It is pointed out that despite the positive impact of the practice of the European Court of Human Rights on the development of Russian legislation, recently the Court decisions adopted in relation to the Russian Federation are of a political nature. The conclusion is made about the need for further improvement of civil procedural legislation, taking into account the historical features of the formation of the russian state.