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История государства и права России. Отечественная школа права. Периодизация отечественной истории государства и права (самое важное)

Lecture notes, cheat sheets

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2. Domestic school of law. Periodization of the national history of state and law

The Russian school of law identifies various reasons for the emergence of the Russian state, periods of historical development, etc. It is based on formational approach to the development of history and the state, put forward K. Marx.

Periodization of the history of state and law is a specific method of studying the subject of this science.

Factors introduction of periodization of the history of the state and law of Russia:

1) features of the development of the socio-economic Russian society at a particular stage (level of economic and technical development);

2) features of state development (state-legal forms, facts and phenomena).

Periodization Criteria:

1) the form of government;

2) form of government;

3) legal system.

Periods.

1. Slave type of state and law characterized by the presence of a class of slaves and a class of slave owners; this historical type is represented by the ancient Bosporan kingdom, Khazaria and Volga Bulgaria, etc.

2. Feudal historical type of state and law developed in Ancient Russia and is characterized by the further disintegration of the Old Russian state into independent feudal states and the beginning of the formation of serfdom of the peasants.

3. Formation of the Russian (Moscow) centralized state. At this historical stage, the Russian state proper is being formed, the processes of unification of fragmented feudal states into a single one are taking place.

4. Mid-16th to mid-17th centuries. - period estate-representative monarchy. The greatest state and legal reforms of this period are associated with the rule Ivan IV, the accession of new territories to the Russian state.

5. Second half of the XNUMXth-XNUMXth centuries - the period of the formation of an absolute monarchy. It is characterized by a significant increase in autocracy in Russia, which is mainly associated with the names Peter I и Catherine IIwho, with their reforms, not only united all power in the hands of the sovereign, but also significantly weakened the influence of the church on social relations.

6. The period of formation of bourgeois-capitalist relations in Russia began with the peasant reform of 1861. It is characterized by reforms Aleksandra II: judicial, military, zemstvo, urban, etc.

7. Beginning of XX century. - period of trying to become constitutional monarchy. It was marked by the spread of the political ideas of the Great Bourgeois Revolution in the noble circles of Russia, the creation of the first State Duma.

8. The fall of the feudal type of state and law in Russia - February bourgeois-democratic revolution.

9. October 1917 - The Great October Socialist Revolution. It gave rise to a new type of state and law - the socialist type, which in turn is divided into periods:

1) socialist revolution and the creation of the Soviet state;

2) transition period or NEP period;

3) the period of state-party socialism;

4) the period of the crisis of socialism.

10. The modern period of the development of a democratic state and the formation of the state and law of the Russian Federation. Its beginning is associated with the collapse of the USSR and the adoption on December 12, 1993 of the current Constitution of the Russian Federation.

Authors: Dudkina L.V., Shcherbakova O.V.

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