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

The object of research attention in the article was the phenomenon of the origins of law. The main approaches in Russian historiography to the definition of the sources of law and their relationship with the sources of law are considered as the subject of the study. The purpose of the work is to attempt to substantiate the need to separate the sources of law from the semantically overloaded category of sources of law into an independent category. The author pays special attention to the polarity of opinions in the existing discussion regarding the origins of law, which is due to both the lack of elaboration of the problem, the polysemy of the term "source", and the differences in approaches to legal understanding. The author focuses on the fact that in various classifications there is a special division of the sources of law into "primary", which once in ancient times laid the foundation for the institution of law, and "secondary", functionally feeding the law up to the present. On this basis, regardless of the approach to understanding law, it seems logical to separate the "primary" sources of law into a separate theoretical category of "sources of law" with the prospect of its consolidation in the theory of state and law. The practical significance of the allocation and the need for a special study of the origins of law are justified by the fact that the search and identification of the chronologically oldest sources of law in the system of regulatory regulation of a potestar-early class society can be the key to an attempt to develop a universal, integrative definition of law.

Given the materials of the International scientific "Round Table" on "Quo Vadis, Justitia? Development of legal systems from the position of law faculties", which took place on March 14, 2019 at the faculty of law of St. Climent Okhridsky Sofia University (Bulgaria). The “Round Table” was organized by the Department of theory and history of state and law of the faculty of law of St. Climent Okhridsky Sofia University and the Department of theory of state and law and political science of legal faculty of Lomonosov Moscow state University.

Click to increase image sizeClick to decrease image size Notes Twining, W. (1997) Law in Context: Enlarging a Discipline (Oxford, Oxford University Press). Twining, W. (1967) Pericles and the plumber. Inaugural Lecture, Belfast. Published in shortened form in Law Quarterly Review, 83, p. 396. Twining, W. (1994) Blackstone's Tower: The English Law School (London, Sweet and Maxwell). Twining, W. & Miers, D. (1976) How To Do Things With Rules (London, Weidenfeld & Nicolson). Twining, W. (1980) Goodbye to Lewis Eliot: the academic lawyer as scholar. Presidential Address, Society of Public Teachers of Law, Journal of the Society of Public Teachers of Law, 15, pp. 2–19. See Twining, W. (1998) Imagining Bentham, Current Legal Problems, pp. 1–36; Twining W. (1989) Reading Bentham (Maccabean lecture), LXXV Proceedings of the British Academy, pp. 97–141; Twining, W. (1999) Jeremy Bentham and general jurisprudence (First Eckhoff Memorial Lecture), Tidsskrift for Rettsvitenskap, 112, pp. 381–407. See e.g. Twining, W. (1973) Karl Llewellyn and the Realist Movement (London, Weidenfeld & Nicolson); Twining, W. (1968) The Karl Llewellyn Papers (Chicago, University of Chicago Law School; Twining, W. (1993) Karl Llewellyn's unfinished agenda: law in society and the job of juristic method, Chicago Papers in Legal History, 1993. Twining, W. (2002) The Great Juristic Bazaar (London, Ashgate). Twining, W. (2000) Globalisation and Legal Theory (London, Butterworth); Twining, W. (2009) Implications of globalisation for legal scholarship, in: A. Halpin & V. Roeben (Eds) Theorising the Global Legal Order (Oxford, Hart), pp. 39–59; Twining, W. (2005) Have concepts, will travel: analytical jurisprudence in a global context, International Journal of Law in Context, 1, pp. 5–40. Twining, W. (2007) General jurisprudence, University of Miami International and Comparative Law Review, 15, pp. 1–59; Twining, W. (1996) General and particular jurisprudence – three chapters in a story, in: S. Guest (Ed.) Legal Positivism Today, (Aldershot, Dartmouth), pp. 119–146; Twining, W. (2009) General Jurisprudence: Understanding Law from a Global Perspective (Cambridge, Cambridge University Press). Twining, W., Kamenka, E. & Summers, R. (1986) Sociological Jurisprudence and Realist Theories of Law (Berlin, Duncker and Humblot). Twining, W. (2009) Institutions of law: globalization, non-state law and legal pluralism, in: M. Del Mar & Z. Bankowski (Eds) Law as Institutional Normative Order (London, Ashgate); Twining, W. (2009) Normative and legal pluralism (Bernstein Lecture), Duke Journal of Comparative and International Law, 20, pp. 473–517. Twining, W. (1964) The Place of Customary Law in the National Legal Systems of East Africa (Chicago, University of Chicago Law School). Twining, W. (2008) Surface law, in: H. Petersen, K.L. Kjaer & M.R. Madsen (Eds) Paradoxes of European Legal Integration (Ashgate, Aldershot). Twining, W. (1989) Reading law (Seegers Lectures), Valparaiso Law Review, 24, pp. 1–33. Twining, W., N. Gold, & MacKie (1989) Learning Lawyers' Skills (London, Butterworth). Twining, W. (1991) Lawyers' stories, in: R. Kevelson (Ed.) Action and Agency (New York, P. Lang), pp. 317–389. Twining, W., Anderson, T. & Schum, D. (2005) Analysis of Evidence, 2nd ed. (Cambridge, Cambridge University Press). Twining, W. (1980) Debating probabilities, Liverpool Law Review, 11, pp. 51–64. Twining, W. (1982) Taking facts seriously, in: N. Gold (Ed.) Essays on Legal Education (Butterworths, Toronto), pp. 51–76; Twining, W. (2007) Taking facts seriously again, in: P. Roberts & M. Redmayne (Eds) Teaching legal Scholarship (Oxford, Hart), pp. 65–86. Twining, W. (1986) Taking skills seriously, Commonwealth Legal Education Newsletter, No 43, Appendix. Reprinted in Journal of Professional Legal Education (1986) and Learning Lawyers Skills, op. cit.). Twining, W. & Quick, E. (1994) Legal Records in the Commonwealth (Aldershot, Dartmouth). Twining, W. & Uglow, J. (Eds) (1981) Legal Literature in Small Jurisdictions (Ottawa/London, Canadian Law Information Council & Commonwealth Secretariat). Twining, W. (2009) Punching our weight? Legal scholarship and public understanding (The SLS Centenary Lecture), Legal Studies, 29, pp. 519–533. Twining, W. (1983) Law for Non-Lawyers: Some Preliminary Reflections (London, Commonwealth Secretariat). Twining, W. (1979) Legal education for all, in: D Mitchell (Ed.) Legal Studies and Legal Education for Non-Lawyers (Sydney, Butterworths), pp. 1–13. Twining, W. (1987) The camel in the zoo, in: I. Shivji (Ed.) The Limits of Legal Radicalism (Dar es Salaam, Faculty of Law, University of Dar es Salaam). Twining, W., O'Donovan, K. & Paliwala, A. (1970) Ernie and the centipede, in: A. Jolowicz (Ed.) The Division and Classification of the Law (London, Butterworths). Twining, W. (1973) The bad man revisited, Cornell Law Review, 52, p. 275; Twining, W. (1997) Other people's power: the bad man and English Positivism, 1897–97, Brooklyn Law Review, 63, pp. 189–223. Twining, W. (1973) The way of the baffled medic, Journal of the Society of Public Teachers of Law, 12, p. 348.

The importance of the theory of state and law as a basic fundamental legal science is generally recognized in European jurisprudence. This is especially true for the countries of the Romano-German legal family. The article shows the points of view of famous German jurists, philosophers, sociologists on topical issues of the theory of state and law. It is important to study the basic theoretical and legal views of representatives of the German law school, since they, along with scientists from other countries, have made a significant contribution to the development of theoretical and legal science. The purpose of the article is to draw the attention of the Russian legal community to the works of German lawyers that have not been fully translated into Russian. The article begins with a description of the problems of methodology and justification of the chosen comparative legal research method. In relation to the theory of the state, the issues of global constitutionalism, problems of state sovereignty, changes in the role of the state in modern society, the emergence of new functions for the state, the theory of the liberal state and its criticism are considered. The problems of the theory of law raised in the article relate to the issues of the system and self-production of law, legal interpretation and non-legal interpretations, the limits of legal regulation, legal positivism, concretization in law, judicial lawmaking, the views of the Frankfurt School. Attention is paid to the problem of the value justification of law and sociocultural factors in law, the relationship between law and culture. The article may be of interest to specialists in the field of theory of state and law and comparative law.

Background. This article examines the life and scientific journey of a prominent figure in legal science, Doctor of Law, Professor, Head of the Department of Theory and History of State and Law, and Honored Scientist and Engineer of Ukraine, Arkadiy Petrovych Tkach. Methods. The research methodology is based on a combination of philosophical, general scientific, and specialized scientific methods and principles. The key principles applied include objectivity, comprehensiveness, and historicism, which are fundamental to scientific cognition. Results. The study clarifies the scholar's stance on historical and legal issues. His works have made a significant contribution to the development of Ukrainian law. Conclusions. The dialectical method was applied, enabling a comprehensive and thorough exploration of A.P. Tkach's approaches to the history of law and the state of Ukraine. Using the historical-comparative method, the scholar's ideas were compared with those of other researchers to highlight specific features of his views on law and the state. Additionally, the methods of analysis and synthesis were employed to examine primary sources, scientific articles, and archival materials, which facilitated the identification of the scholar's key insights into state and legal phenomena.

The article examines the role of the theory of state and law as an active intellectual resource in the process of formation and realization of national interests. The modern world poses new challenges to States that require deep theoretical understanding. The theory of state and law, acting as a fundamental legal science, cannot develop in isolation from these realities. The paper analyzes the key function of the theory of state and law — the development and refinement of basic concepts that form the basis for the formation of public policy and legal regulation. The empirical basis is a sociological survey of law students, revealing the ideas of the younger generation about the essence and priorities of national interests. It is concluded that the theory of state and law not only reflects the state-legal reality, but also actively shapes it, offering models and solutions aimed at strengthening statehood and ensuring sustainable development.

In the theory of law as a key cross-sectoral and multi-disciplinary institutions is the Institute of guilt. At the present stage of development of the law, in a convergence of many of its branches, it is important to investigate exhaustively the institution with the general legal position, both in general and in particular - the situation of the guilt of persons with mental disorder, not excluding sanity. The purpose of this study - to investigate the situation of the fault of persons with a mental disorder, not excluding sanity in different areas of law, and address the question of whether this interdisciplinary institute. Scientific, theoretical and practical significance of the work lies in the fact that the study of this topic will summarize the knowledge about the fault of persons with a mental disorder, not excluding sanity, to analyze the content of this institution in various areas of law, and to conclude that the cross-sectoral character. The author uses formal-legal, comparative, hermeneutical, mathematical methods, as well as general methods of scientific research. The author analyzes the provisions of the Russian legislation on the fault of persons with a mental disorder, not excluding sanity, concluding that the criminal law of guilt people with a mental disorder, not excluding sanity, the most developed and taken into account as a circumstance affecting the punishment. In other areas of the law said institution worked shallow. The results of this study are scientific and practical value, because they can be useful for teaching students - in the industrial discipline "Criminal Law" and the general theoretical discipline "Theory of State and Law"; in science - by picking up information about the features of the Institute of guilt, and in practice - said the work can be useful to practitioners of judicial and investigative bodies, in order to understand the meaning and importance of the category of guilt, including - the guilt of persons with mental disorder, not excluding sanity.

The Keijo Imperial University Historical Society was established in May 1931, based on the Department of History within the Faculty of Law and Letters at Keijo Imperial University. Initially a small research group known as 'Sahwa-hoe,' it expanded and reorganized to form the society. Unlike other Japanese-dominated historical societies composed of professional researchers, this s ociety a lso served a s a social g roup f or f aculty a nd alumni w hile engaging in practical historical research activities primarily involving students. The establishment of the society was likely led by the inaugural president and professor, Shogo Oda. However, after Oda retired from his professorship a year later, Professor Katsuma Otani, who specialized in Oriental History, succeeded him as president. Both regular and executive secretaries were drawn from current students and alumni of the Department of History, with Japanese members outnumbering Korean members by more than double. There was a notable predominance of members specializing in Oriental History over Korean History and Japanese History, reflecting the specialization of the second president, Katsuma Otani, in Oriental History and the career trajectories of the executive secretaries toward positions in related institutions or public offices in Manchuria and Mongolia. This trend aligned with Keijo Imperial University's slogan of aiming for 'authority in Oriental cultural research' and coincided with Japan's full-scale continental aggression. The primary activity of the Keijo Imperial University Historical Society was the publication of the Keijo Imperial University Historical Society Bulletin. However, its publication was irregular and lacked consistency, with each issue averaging around 45 pages. From the eighth issue onward, efforts were made to enhance its scholarly quality by including research papers, book reviews, travelogues, and various indexes, and by changing its title from 'bulletin' to 'journal'. Each issue consistently featured two to three papers, predominantly related to Oriental History and Korean History. Students contributed more articles than professors, with many articles based on or related to their graduation thesis topics. The society held 'regular meetings' three to six times annually, where historical research papers were presented. These meetings also included presentations a nd analyses o f artif acts a nd s ites, t ravelogues, and book reviews. Although primarily presented by society members, occasionally lecturers from other departments within the Faculty of Law and Letters or visiting researchers from Japan participated. These meetings provided students with opportunities to publicly present and discuss their research and to learn from their professors' research achievements and overseas experiences. This practice of public presentation, along with journal publication, served as a form of research training. Additionally, the society engaged in field trips and school visits as part of its research and educational activities. After the outbreak of the Second Sino-Japanese War in 1937, the society adapted to the times by publishing writings aligned with imperialist ideology and historical perspectives, and by organizing events to support members who had gone to the battlefield. As members of a colonial imperial university, they actively participated in and responded to the wartime conditions. Nevertheless, the war-induced inflation and unpaid membership dues severely impacted the society's operations. I n 1938, the paper control policy of the Governor-General of Korea further hindered the journal's publication. As the wartime mobilization system intensified, the conscription deferment for humanities students was lifted in 1943, and the Department of Literature, History, and Philosophy within the Faculty of Law and Letters was consolidated into the Department of Literature.

The article examines the place of the theory of state and law within the system of legal sciences as a foundational general-theoretical discipline that ensures conceptual coherence in jurisprudence and methodological consistency across sectoral legal studies. It outlines the core functions of the theory of state and law in both scholarly and educational dimensions, including the development of basic legal categories, the explanation of patterns of state-and-law evolution, and the formulation of general criteria for assessing legality, legal certainty, and the stability of the legal order. Particular attention is paid to the methodological foundations of theoretical legal analysis and their relevance for interpreting legal reality, the interaction of legal institutions, and the procedural framework of legal protection. The article argues that the development of the theory of state and law requires sustained engagement with law-enforcement practice, avoidance of conceptual dogmatism, and an orientation toward strengthening trust in law and a just legal order.

Political, social, and economic changes and the progressing evolution of legal systems challenge legal historians to repeatedly read the role of their discipline in legal education. Frequently, the fruitful discussion is replaced by repeating general statements formulated to justify the thesis accepted in advance that preserving the legal history position in the legal study schedule is necessary. Existing justifications for teaching legal history to students of law faculties were created on various approaches, especially legal positivism and the idea of the contextual and interdisciplinary approach to legal studies. Current legal history is divided between supporters of two concepts – antiquarianism and presentism. The dynamic development of other contextual subjects is not without an influence on legal history position, especially legal sociology. The problem is enlarged by the financial and personal situation of legal history institutes on Polish legal faculties. All the above-mentioned dilemmas force legal historians to discuss a shared vision, if, to what extent, with what assumptions, and how (in what ways and methods) to teach legal history to law students. First, the author tries to analyze the situation of legal history in the present curriculum of Polish legal studies. He tries to argue that legal students in their first year of education cannot learn contextual legal history. Those grand ambitions need to be abandoned; we need to focus on being a propaedeutic subject, supplementing introduction to legal studies. The author also attempts to present the perspectives and possibilities of teaching legal history if even good curriculum reform in legal faculties is enforced.

Розбудова незалежної Української держави привертає увагу до постійного вдосконалення галузі національного конституційного права. Для цього необхідним є постійний і критичний перегляд галузевих функцій. Безперечно, не можна не переоцінити вагомість зарубіжного досвіду в цій сфері, який узагальнено у працях зарубіжних (а часто і українських) фахівців із конституційного права. Однак варто звернути увагу також і на напрацю-вання фахівців із теорії держави та права, причому не тільки щодо функцій права, а також і щодо функцій держави. До числа основних аргументів на підтримку цього твердження належать тісний зв'язок галузі конституційного права з політикою (високий ступінь полі-тизації норм конституційного права) та історичний розвиток галузі в Україні, який ішов у напрямі від державного до конституційного права.
 Найбільш активно питання функцій держави, зокрема, в контексті їхнього зв'язку з функціями права досліджували такі фахівці з теорії держави і права, як Н. Крестовська, Л. Матвеєва, В. Нерсесянц, О. Петришин, П. Рабінович, М. Цвік, Л. Явич та інші. Варто зазначити, що в конституційному праві відповідні монографічні дослідження відсутні, так само як і системні дослідження з цього питання, є лише поодинокі спроби постановки проблеми. Звертаючись до ретроспективи національної юридичної літератури, варто зауважити, що саме функції держави протягом тривалого періоду домінували, а щодо деяких питань - продовжують домінувати.
 Метою статті є подальша аргументація тези та формулювання пропозиції щодо того, як же саме функції держави можна врахувати під час формулювання дефініції поняття «функції галузі конституційного права України» та під час виокремлення їхніх видів.
 Резюмовано, що вагому роль у тому, що під час аналізу функцій галузі конституційного права України слід враховувати напрацювання дослідників щодо функцій держави, відіграє належність галузі до публічного права. Відповідно, функції Української держави слід брати до уваги під час формування переліку загальносоціальних, а не власно-юридичних функцій галузі конституційного права.

The monograph presents the author's view of the teachings on the state-territorial structure of Russia from the XIX to the beginning of the XXI century in the domestic political and legal thought and on the practice of state-territorial construction. Judgments are valuable not only about the past and present, but also about the future of the state-territorial structure of Russia, the form of the Russian state. It is intended for specialists in the field of history and theory of state and law of Russia, constitutional law, as well as for students and postgraduates studying in the field of training (specialty) "Jurisprudence", employees of legislative authorities.

The content of the textbook consistently reveals the necessary definitions, history and research methods of the discipline "Theory of state and law" in accordance with the work program. This publication is prepared in accordance with the requirements of the Federal state educational standard of higher education of the last generation. The textbook is designed for students enrolled in the specialty "Jurisprudence", postgraduates and lecturers of law universities and faculties, and anyone interested in legal issues.

The article is dedicated to the jubilee of the Honored Lawyer of the Russian Federation, Doctor of Law, Professor, Rector of Baikal State University V.V. Ignatenko, widely known in the scientific community. The contribution of Professor V.V. Ignatenko as a prominent state man, a scholar and a mentor in the development of legal thought is shown. Readers are introduced to the biography of the hero of the day, with the results of his scientific, pedagogical and professional activities. The results of Viktor Vasilyevich's scientific research are of interest to specialists in the field of not only constitutional, electoral and administrative law, but also criminalistics, operational-search activities, criminal law, criminology, penitentiary law, theory and history of state and law. The development of Baikal State University after the taking up of V.V. Ignatenko the post of rector is shown, his desire to preserve classical university traditions and ability to arouse the love of science among his pupils and associates is highlighted

The paper is devoted to one of the clearest examples of misconceptions and falsifications known to the science of the theory of state and law — the ongoing identification of the Soviet (Marxist-Leninist) legal understanding with Marxism. The relevance of the topic is also due to the need to correct the prevailing ideas about «Marxist» (materialistic) concepts of legal understanding and the theory of the origin of the state and law. The subject of the study is the process and general causes of the distortion of the Marxist legal understanding in Soviet jurisprudence in the 1920s-1930s. The aim of the work is to identify the main differences between the authentic Marxist legal understanding and the quasi-Marxist Soviet legal understanding, as well as to attract attention of the scientific community to the problem of their unjustified identification.Based on a wide range of legal literature of the early Soviet period, the course of the development of the Marxist debate on the understanding of law and the reasons for the appearance of the quasi-Marxist definition of law from 1938, which became the ideological basis and model for subsequent definitions for several decades, is considered. The main contradictions between the Marxist and Soviet understanding of law are shown, primarily related to the «nationalization» of the institution of law, the identification of law and law, ignoring the production and economic conditionality of law, as well as recognition of the key role of state power, force and coercion in the genesis of law.According to the author, the authority of the Lenin’s works, then Stalin’s ones initially influenced the Soviet legal understanding. It later developed along a simplified positivist path and significantly distanced itself from Marxism, because the Soviet theory of state and law was formed post factum on the foundation of state legal practice, consolidating and sacralizing decisions developed during not scientific, but political discussion.