Baitin Mikhail Iosifovich ( December 22, 1921 - April 13, 2009 ) - Soviet and Russian legal scholar, Doctor of Law, Professor, Professor of the Department of Theory of State and Law of the Saratov State Law Academy, Honorary Worker of Higher Professional Education of the Russian Federation, Honored Scientist of the Russian Federation .
| Mikhail Iosifovich Baytin | |||||||
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| Date of Birth | December 22, 1921 | ||||||
| Place of Birth | Kamensk-Shakhtinsky , USSR | ||||||
| Date of death | April 13, 2009 (87 years old) | ||||||
| A place of death | Saratov , Russia | ||||||
| A country | Russia | ||||||
| Scientific field | Theory of Government and Rights | ||||||
| Place of work | Saratov State Academy of Law | ||||||
| Alma mater | Moscow Law Institute | ||||||
| Academic degree | Doctor of Law | ||||||
| Academic rank | Professor | ||||||
| supervisor | N.G. Alexandrov | ||||||
| Famous students | N.N. Voplenko | ||||||
| Known as | lawyer | ||||||
| Awards and prizes |
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Content
- 1 Biography
- 2 Criticism of scientific opponents
- 3 Publications
- 3.1 Books
- 3.2 Articles
- 4 Awards
- 5 notes
- 6 Literature
- 7 References
Biography
Born on December 22, 1921 in the village of Kamenskaya, region of the Don Army (now the city of Kamensk - Shakhtinsky). In 1940 he graduated from high school in Moscow and entered the Moscow Law Institute . From 1948 to 1951 studied in full-time postgraduate study at the Moscow Law Institute (majoring in “Theory of State and Law”). In 1951 , under the scientific supervision of Professor N. G. Alexandrov, he defended his doctoral dissertation on the topic: “The European Democratic Republics Carrying Out the Functions of a Socialist State”, in 1973 , a doctoral dissertation on the subject: “The State and political power (theoretical study). ” Since September 1951 , he worked at SUI-SGAP , successively holding the posts of senior lecturer, associate professor, head of the department of theory and history of state and law, and after its separation, professor of the department of theory of state and law.
He published more than 250 scientific papers, prepared 28 candidates of legal sciences, of which 6 became doctors of science. The scientific school he created unites more than 70 people. Mikhail Iosifovich is a veteran of the Great Patriotic War, was awarded the Order of Honor and 8 medals, an honorary badge of the Governor of the Saratov Region “For the love of his native land”, and the lapel pins of the Russian Academy of Natural Sciences “For the Development of Science and Economics and the Knight of Science and Arts.” He died after a difficult and prolonged illness April 13, 2009
Criticism of Scientific Opponents
With sharp criticism of one of the last works of M.I. Baytina was made by lawyer L.A. Morozova (Doctor of Law, Professor, Moscow State Law University named after O. E. Kutafin ). In particular, the interpretation of I.I. Bytin rights as a measure of freedom:
... if a person behaves in accordance with the law, he acts freely ... And, on the contrary, if a person goes beyond the limits of lawful behavior, deliberately violates legal restrictions, duties, prohibitions, commits a crime or other offense, he acts not free ... [1]
To this L.A. Morozova expresses her objection:
... in that and in another case, a person freely chooses a variant of behavior. If he did not have free will when choosing, then he cannot be held responsible for the offense committed. The measure of freedom, in my opinion, means that the powers (rights) granted to a person are limited by the rights and legitimate interests of others, prohibitions established by law, and the security interests of the state and society ... [2]
L.A. Morozova criticized the proposal of M.I. Baitin to amend Chapter 2 of the Constitution of Russia . In her opinion, this is impossible, since Chapters 1, 2 and 9 of the Constitution of Russia are not subject to change by the Federal Assembly of the Russian Federation . Only the Constitutional Assembly, the procedure for the formation of which has not yet been established, is entitled to resolve such issues. [2]
Publications
Books
- Baitin M. I. Issues of the General Theory of State and Law = Problems of General Teory of State and Law. - Saratov: SGAP, 2006 .-- 398 p. - ISBN 5-7924-0529-8 .
- Baytin M. I. The essence of law: [microform]: (Modern. Norm. Legal understanding on the verge of two centuries). - Saratov: SGAP, 2001 .-- 413 p. - ISBN 5792401535 .
- Baytin M.I. et al. Theory of State and Law: Lecture Course. - 2nd ed., Revised. and add. - M .: Yurist, 2004 .-- 767 p. - ISBN 5-7975-0269-0 .
- Questions of the theory of state and law [Electronic resource]: relevant. problems we will lie. Grew up. state and law: interuniversity. Sat scientific tr / M.I. Baytin. - Saratov: SGAP, 2003.
- Baytin M.I. et al. General Theory of State and Law. Academic course. - 2nd ed. - M .: Mirror, 2001 .-- T. 1.
- Baitin M.I. State and political power. - Saratov: SSU, 1972.- 239 p.
- Questions of the theory of state and law: actual problems of the theory of a socialist state and law: interuniversity scientific collection. - Saratov: SSU, 1983. - 190 p.
- Baitin M.I., Goldman V.S. People's squads. - Saratov: Volga Prince. Publishing House, 1969. - 207 p.
- Baitin M.I., Goldman V.S. If your name is a combatant. - Saratov: Volga Prince. Publishing House, 1966. - 148 p.
- Baytin M.I. Essence of Law. - M .: Law and State, 2005. - 543 p. - ISBN 5980330305 .
- Baitin M.I., Farverov N.P. Socialist State. Marxist-Leninist general theory of state and law. - M .: Legal literature, 1972. - 558 p.
- Baitin M.I. Ideological sources and reactionary essence of anti-communism in the theory of the state. - Saratov: SSU, 1968 .-- 84 p.
- Baitin M. I. From the dictatorship of the proletariat to communist public self-government. - Saratov: Volga Prince. Publishing House, 1962. - 68 p.
- Baytin M.I. Essence and basic functions of a socialist state. - Saratov: SSU, 1979.- 302 p.
- Baitin M.I., Tarasova V.V. Acts of judicial interpretation of legal norms: legal nature and classification = Acts of judicial interpretations of legal texts. - Saratov: SGAP, 2002 .-- 149 p. - ISBN 5792402027 .
- Baytin M.I. et al. Norms of Soviet Law. Theory problems. - Saratov: SSU, 1987.
Articles
- Baitin M. I. The concept of the state: essence, purpose, main features and definition. // Bulletin of the SGAP. 2002. No. 3.
- Baitin M.I. On the concept of the state // Jurisprudence. 2002. No. 3.
- and etc…
Rewards
State awards
- Order of Honor ( 1999 )
- Medal "For the Defense of Moscow" ( 1944 )
- Medal "For Valiant Labor during the Second World War" ( 1945 )
- Veteran of Labor medal ( 1983 )
- commemorative sign “60 years of the battle for Moscow”
- and others…
Departmental badges
- "The excellent pupil of the social competition of the People's Commissar of the USSR" ( 1943 )
- "For excellent successes in the work of higher education" ( 1981 )
- badge of the All-Union Society “Knowledge” - “For active work”
- “Honorary Worker of Higher Education in Russia” ( 1996 )
- Honored Scientist of the Russian Federation
Honorary Badges of the Governor of the Saratov Region
- "For the love of the native land"
Breastplates RANS
- “For Merits in the Development of Science and Economics”
- "Knight of science and the arts."
Notes
- ↑ Baitin M.I. Essence of Law: Lying. standard. legal understanding on the verge of two centuries). - Saratov: SGAP, 2001 .-- S. 80. - 413 p. - ISBN 5792401535 .
- ↑ 1 2 Morozova L.A. Baytin M.I. Essence of law (Modern normative legal understanding on the verge of two centuries). Saratov, 2001 .-- 416 p. (Review) / L. A. Morozova. // Jurisprudence. −2001. - No. 6. - S. 209—211
Literature
- Demidov A.I., Bitschvost A.F., Tyapugina N. Yu., Matorina E.I. Encyclopedia of our life. - Saratov: SGAP, 2006 .-- 439 p. - 1,500 copies - ISBN 5-7924-0427-5 .
- Shcherba S.P., Krutskikh V.E., Vaipan V.A. et al. Contemporary Russian lawyers. Who is who in legal science and practice: a guide. - 3rd ed., Revised. and add. - M .: Justicinform, 2004 .-- 543 p. - ISBN 5-7205-0513-X .
- Syrykh V. M. Prominent legal scholars of Russia (Second half of the 20th century). Encyclopedic Dictionary of Biographies. - M .: RAP, 2006 .-- 548 p. - ISBN 5939160565 .