Freiheit des Willens in der frühen Kant-Rezeption
... themselves. Human beings, with their bodies and observable inner and outer activities, are objects of perception (empirical intuition) and therefore appearances. These are only the appearances of their noumenal selves. Human beings are determined by laws of nature in all their perceivable alterations which include all their actions, but their noumenal selves, not being in time, are not determined by the necessity of causal laws of nature, but can be determined by the moral law of their pure practical ...
Russian Political Kant after Liberalism: Sergey Hessen on 1924 Kant Jubilee
... 2020. Sergey Iosifovich Hessen. Moscow: ROSSPEN, pp. 104—118. (In Rus.)
Novgorodtsev, P. I., 1901. Kant i Gegel’ v ikh ucheniyakh o prave i gosudarstve: Dva tipicheskih postroeniya v oblasti filosofii prava [Kant and Hegel in Their Doctrines on Law and State: Two Typical Constructions in the Field of Philosophy of Law]. Moscow: University Printing House. (In Rus.)
Novgorodtsev, P. I., 1905. Two Sketches: 1. Before the Veil. 2. The Right to a Dignified Human Existence. Polarnaya Zvezda [Polar ...
The Question of Normativity in Emil Lask’s Philosophy of Right
... how, according to Lask, does the transition from “pre-legal” to “legal” reality take place? The Philosophy of Right criticises the “two worlds theory”, interpreted in the spirit of Platonism, as a mixing of value and reality in the natural law and historism. Lask claims that such a shift can be avoided in the critical philosophy of law. Instead of choosing between absolutisation of extra-historical legal norm and absolutisation of historical factuality the critical philosophy of law works ...
Correlation of the principles of law: expediency in legality
The article addresses the pressing issue of the relationship between legality and expediency as principles of law. The objective of the study is to determine the correlation between these principles within legal science. Based on a comparative analysis of scholarly perspectives on expediency and legality as principles of law, and employing the method of abduction,...
The system and structure of sources of corporate law
This article considers the system and structure of sources of Russian corporate law. Research approaches to the notion and legal nature of sources of corporate law and their place in the system of civil law sources are analysed. The authors address the legal nature of corporate regulations, including the rules and standards of self-regulatory ...
Problems of interpreting legal norms in the court of justice
This article discusses the interpretation of legal norms by courts, which consist primarily in understanding the law. The interpretation of the law is often conducted alongside the interpretation of the statute, which requires serious professional and academic training, especially, if it involves the use of constitutional norms, analogy of law, and the principles ...
The principles of economic protection of the marine environment of the Baltic Sea
This article identifies the principles behind the international protection of the marine environment of the Baltic Sea. The author analyses their content and legal force on the basis of the provisions of the UN Convention on the Law of the Sea, international conference declaration, as well as the judicial practice of the International Court of Justice, International Tribunal for the Law of the Sea, and international commercial arbitration courts.
1. Biernie P., Boyle A. International ...
Geography and economy of the Kaliningrad region: limitations and prospects of development
....newkaliningrad.ru/news/economy/2770914-biznesombudsmen-o-probleme 2016-nikto-ot-pravitelstva-oblasti-nichego-ne-zhdyet.html (accessed 12 October 2013).
11. V. Putin podpisal zakon o dopgarantijah rezidentam OEZ v Kaliningradskoj obl. [V. Putin signed a law on dopgarantiyah SEZ residents of the Kaliningrad region], 2013, 24 July, RBK- RosBiznesKonsalting [RBC], available at: http://www.rbc.ru/rbcfreenews/20130724123754.shtml (accessed 12 August 2013).
12. Vinokurov, E.Yu. 2007, Teorija anklavov [Theory ...
Problems and prospects of EU — Russia dialogue on visa-free travel
... borders and those whose nationals are exempt from that requirement, 2010, Official Journal, L 329, 14.12.2010.
20. Federal'nyj zakon ot 15.08.1996 N 114-FZ «O porjadke vyezda iz Rossijskoj Federacii i v#ezda v Rossijskuju Federaciju» [The Federal Law of 15.08.1996 N 114-FZ "On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation"], 1996, Sobranie zakonodatel'stva RF [Collection of Laws of the Russian Federation], no. 34, Art. 4029, 19.08.1996.
21....
Legal guarantees for international investment according to the legislation of the Russian Federation
... national regime for foreign investors,. The author draws a conclusion that the existing system of special guarantees for foreign investors is neither effective nor prudent.
1. Farkhutdinov, I. Z., Trapeznikov, V. A. 2006, Investicionnoe pravo [Investment Law], Moscow.
2. Bogatyrev, A. G. 1992, Investicionnoe pravo [Investment Law], Moscow.
3. Doronina, N. G., Semilyutina, N. G. 1993, Pravovoe regulirovanie inostrannyh investicij v Rossii i za rubezhom [Legal regulation of foreign investment in Russia ...
Personal surety in the system of preventive measures and the problems of its application
... to the adoption of the Judicial Statutes, after their enactment, during the Soviet period, and in the present day. The study characterizes controversial issues that arise when selecting this preventive measure and notes its extremely low demand among law enforcement practitioners. Particular attention is paid to the interpretation of the concept of a “trustworthy person” and to the criteria that, although not currently enshrined in law, may be applied to such individuals. The article also ...
An investigative action as a set of procedural measures and an element of the system in the structure of the institution of evidence
The Criminal Procedure Law provides an exhaustive list of investigative actions and defines the procedure and specific features of each of them. At the same time, in law enforcement practice, difficulties often arise, leading either to the recognition of evidence as inadmissible ...
Watershed or Cul-de-Sac? Disputes in the Theological Reception of Kant’s Philosophy
.... 1-10.
Forschner, M., 2011. Über die verschiedenen Bedeutungen des ‘Hangs zum Bösen’. In: O. Höffe, ed. 2011. Immanuel Kant, Die Religion innerhalb der Grenzen der bloßen Vernunft. Berlin: Akademie-Verlag, pp. 71-90.
Gula, R., 1991. Natural Law Today. In: C. Curran and R. McCormick, eds. 1991. Natural Law and Theology. Mahwah, NJ: Paulist Press, pp. 369-391.
Habermas, J., 2003. The Future of Human Nature. Translated by W. Rehg, M. Pensky, H. Beister. Cambridge: Polity Press.
Habermas, J....
Kant in the Time of COVID
... pp. 235-238.
Cesari, M. and Proietti, M., 2020. COVID-19 in Italy: Ageism and Decision Making in a Pandemic. JAMDA, 21(5), pp. 576-577.
Childress, J. F., Faden, R. R., Gaare, R. D. et al., 2002. Public Health Ethics: Mapping the Terrain. Journal of Law, Medicine and Ethics, 30(2), pp. 170-178.
Chu, Q., Correa R., Henry T. L. et al., 2020. Reallocating Ventilators during the Coronavirus Disease 2019 Pandemic: Is It Ethical? Surgery, 168(3), pp. 388-391.
Clouser, K. D. and Gert, B., 1990. A Critique ...
Kant on Human Dignity: Autonomy, Humanity, and Human Rights
... Philosophy, 5(1), pp. 50-73.
Gewirth, A., 1984. The Epistemology of Human Rights. Social Philosophy and Policy, 1(2), pp. 1-24.
Gewirth, A., 1998. The Community of Rights. Chicago: University of Chicago Press.
Gregor, M., 1995. Natural Right or Natural Law? Jahrbuch für Recht und Ethik / Annual Review of Law and Ethics, 3, pp. 11-35.
Herman, B., 1993. The Practice of Moral Judgment. Cambridge, MA: Harvard University Press.
Hill, T. E. J., 1980. Humanity as an End in Itself. Ethics, 91(1), pp. 84-99....
Bogdan Kistiakovy’s Project of “State of the Future” as Synthesis of the Ideas of Liberalism and Socialism
... Kistyakovsky sees the capitalist form of economic organization as a form of ‘economic anarchy’ and a major obstacle to the mission of achieving social justice. This problem is solved through withdrawing all means of production from the realm of private law, which should be compensated for by the extension of public legal rights. It is concluded that it is possible to correlate B. A. Kistyakovsky’s social and philosophical views presented in the ‘state of the future’ project with the theoretical ...
Kant’s fundamental idea of state and law in Pushkin’s Boris Godunov
... state is the central idea of the tragedy. When working on Boris Godunov, Pushkin not only studied the Critique of Judgement but he also read Kant’s works on epistemological theory. In his tragedy, Pushkin was guided by Kant’s ideas of state and law and strived to make it obvious that the people is the only monarch and source of political and legislative power. The tragedy of the people is that it does not know it and the mission of the educated class is to make the people aware of its powers ...
Family ethics and philosophy of love in Kant’s Lectures on Ethics
... allegedly unequal contract). The moral contradiction of mutual objectification and instrumentalisation of free persons in matrimony is on the surface of Kant’s deduction. The moral prohibition of instrumentalisation rules out family ethics and family law. However, the root of all evil is not solely this circumstance. A morally illegitimate union of concubinage is formed to attain the subjective ends of a hedonistic individual and it does not contradict the ends of the human race. Therefore, such a ...
A triune community: Fichte’s family law against the background of Kant’s practical philosophy (I)
Based on Fichte’s Foundations of Natural Right, recently published in Russian for the first time, this article investigates the logic and basic statements of Fichte’s theory on family law. The first part of the study is dedicated to Fichte’s ethical and metaphysical “deduction of marriage”, which views the family union as a natural-and-moral community of sexes, which only subsequently assumes a legal form through the principle ...
Kant and the Constitution of Russian Federation
This article is an attempt to give I. Kant “credit” for the Constitution of Russian Federation. Of course, the articles of Constitution require significant improvement so that they adhere to the letter and the spirit of Kant’s ideas on state and law. The article stresses the need to take into account two provisions of Kant’s philosophy: the complementarity of morals and law and support for traditional family values. The legal discussions on the essence of constitutionalism, supremacy of law,...
Reception of Cohen’s ethics in Russia
... of the ethical constructions of the founder of the Marburg school of Neo-Kantianism Hermann Cohen by Russian philosophers abroad. The author identifies three approaches, characteristic of this perception: from the perspective of Russian philosophy of law, from that of Russian religious philosophy, and that of Russian followers of the Marburg Neo-Kantianist.The first two approaches are characterized by a non-systemic perception with an emphasis on critique. The key features of the third one are the ...
The ethical and philosophical antinomy of foundations of Kant’s theory of family law
The present paper focuses on the ethical and anthropological foundations of Kant’s philosophy of family law conceived as a “personal right that is real in kind”: the possibility of possessing a person as a property item presets the antinomy of moral and legal principles, which reproduces the conflict between Roman naturalistic legal theory and the contractual ...
Psychological problems of "common-law marriage"
The article considers the problems of "common-law marriage" and analyses the history of common-law marriage in Russia, publications of American researchers and presents the data of authors’ research on male perception of common-law marriage.
1.
Андреева Т.
В.
Психология современной семьи: монография. СПб., 2005.
2.
Андреева Т.
В., Шмотченко Ю.
А.
Отношение к браку и семье сотрудников охранных структур // Психологические проблемы российской семьи: матер. всерос. науч. конф...
Parliament and law-making: modern understanding of the role of parliamentary procedures and laws in transforming society
... elaborating legal acts regulating many spheres at large. The author has reviewed the role of the parliament regulations and rules of procedure in the activities of parliament. It is proposed to to move away from the practice of speedy adoption of laws and to introduce expert support and evaluation of the legislative process in parliament as mandatory elements of the legislative process. The article asserts the need to strengthen the role of expert councils under the committees of the Russian State ...
Тhe legal state over time: the nature and the main approaches to the definition
... of cognition, the methods of analysis and synthesis, and formally logical, historical legal and comparative legal methods. The result of the research that has been undertaken shall be the definition of the legal state, which is based on the rule of law, the recognition of law, the respect of law and the civil compliance with the law, as well as on the government’s ensuing the individual rights and freedoms.
1. Алексеев Р. А. Эволюция концепции правового государства ...
The evolution of the Russian and foreign state and law. The 80th anniversary of the Department of History of State and Law of the Ural State Law University (1936—2016): collection of articles : in 4 vol. / ed. prof. A. S. Smykalina. Ekaterinburg : Ural St
The article analyses one of the largest synoptic publications in the field of history and theory of state and law, published in Russia. The author describes many methodology research schools of Russian jurisprudence and explores their differences and similarities with international research tradition.
Corporate criminal liability: case study
... реализации принципа вины в уголовном праве // Пробелы в российском законодательстве. 2014. № 5. С. 167—171.
5. Weissman A., Newman D. Rethinking criminal corporate liability // Indiana law journal. 2007. № 7. Р. 5—140.
6. Hansas J. The Centenary of a Mistake: One Hundred Years of Corporate Criminal Liability // American Criminal Law Review. 2009. № 35. Р. 4—125.
7. Institutional hearing: business and labor, principles arising ...
Civil law of pre-revolutionary Russia as a factor of influence for the development of modern legal doctrine (the case of the personality of the state)
The article evaluates the achievements of Russian pre-revolutionary civil law as the basis for modern civil law. The author identifies the basic elements of the Russian system of civil law, which are unique in their character. The author draws a conclusion about certain similarities in defining the legal position of the state ...
The role of the principle of honesty in the principle system of Russian civil law
This article examines the interaction between the principle of honesty and the other principles of the civil law of the Russian Federation. Honesty is manifested in various institutions of law; it interacts with each principle and basic element thus limiting each freedom. It is stressed that honestly — despite having the potential of broad practical application ...
On the development of the concept of ‘subject of law
This article analyses approaches to developing the concept of the ‘subject of law’. The author considers different perspectives on identifying similarities and differences between the categories of the ‘subject of law’, ‘subject of a legal relationship’, and ‘personal with legal personality’. It is concluded that ...
The flow form of economic matter movement and the concept of levels
... methodology of economic logistics is a general theoretical approach to studying material and related flows in economic systems that based on a special understanding of reality within a certain philosophical framework. As science, logistics applies the laws of organization of elements into a functional whole as a result of the practices of logistic structure formation. Alongside general laws, the system of logistic knowledge includes the laws of philosophy, general economic theory, as well as the laws,...
Spiritual foundations of law
This article attempts to elucidate the fundamental connection between law and morals. The authors substantiate the thesis about the spiritual nature of law as a methodological principle of theoretical and practical jurisprudence. The subject content of spiritual foundations of law is demonstrated through the triunity of ...
The visa aspects of the academic mobility between the Russian Federation and the European Union: the experience of the Immanuel Kant Baltic Federal University
... [Legal-reference system «Adviser Plus»].
2. O pravovom polozhenii inostrannyh grazhdan v Rossijskoj Federacii: federal'nyj zakon ot 25 ijulja 2002 g. № 115-FZ (s izm. i dop.) [On the Legal Status of Foreign Citizens in the Russian Federation: Federal Law of 25 July 2002 № 115-FZ (as amended)], Sprav.-pravovaja sistema «Konsul'tantPljus» [Legal-reference system «Adviser Plus»].
3. O porjadke vyezda iz Rossijskoj Federacii i v#ezda v Rossijskuju Fe-deraciju: federal'nyj zakon ot 15 avgusta 1996 ...
Defects of the Criminal Procedure Code of the Russian Federation caused by the digital transformation of criminal procedure
... proposals for reforming criminal procedure legislation are analyzed, and the risk of the emergence of defects caused by the digitalization of criminal procedure is forecast. The author comes to the conclusion that, already at the stage of preparing a draft law, it is necessary to use special training programs capable of predicting the accuracy of embedding new provisions into the body of criminal procedure legislation and the emergence of possible defects. Based on an analysis of existing opinions on the ...
Establishing intent to illegally sell drugs using information and telecommunication technologies as a condition for criminal liability
... illegally distribute prohibited substances when such intent is realized in the course of operational-search measures such as an “operational experiment” and a “test purchase,” since, in cases where this intent is formed under the influence of law enforcement agencies, this necessarily leads to the conclusion that the elements of a crime are absent. The article examines issues related to establishing the formation of intent to illegally distribute narcotic drugs using IT technologies, as well ...
Problems of using the results of an operational experiment and test purchase in proving a criminal case
The study presents the concept of the special evidentiary value of the results of operational experiments and test purchases. This is due to the fact that these actions reflect a criminal event carried out under the control of law enforcement authorities. To dispel doubts about the admissibility of documented results of such operational measures, a legal standard for their conduct is developed. Unlike sectoral developments regarding such a legal standard, an interdisciplinary ...
The Use of Big Data in the appointment and conduct of forensic environmental examinations
The article explores contemporary issues and questions related to the application of forensic environmental expertise within the framework of preliminary investigations, and evaluates its role in law enforcement activities. The research formulated and proposed the main tasks of forensic environmental expertise at the current stage, highlighted its features, and identified problems associated with the imperfection of the current methodological ...
Mass, Community, Communion
... G., 1940. Éléments de sociologie juridique. Paris: Aubier.
Gurvitch, G., 1941a. Mass, Community, Communion. The Journal of Philosophy, 38(18), pp. 485-496.
https://doi.org/10.2307/2017118
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Gurvitch, G., 1941b. Major Problems of the Sociology of Law. Journal of Social Philosophy, 6, pp. 197-215.
Gurvitch, G., 1942. Sociology of Law. New York: Philosophical Library. Inc.
Gurvitch, G., 1951. Die gegenwärtige Lage der Soziologie und ihre Aufgaben. In: Karl Gustav Specht ed., Soziologische Forschung ...
Kant and Covid Ethics
... University Press.
Herman, B., 1993. The Practice of Moral Judgment. Cambridge, MA: Harvard University Press.
Hӧffe, O., 1979. Ethik und Politik. Frankfurt: Suhrkamp.
Hruschka, J., 1992. Universalization and Related Principles. Archives for Philosophy of Law and Social Philosophy, 78, pp. 289-300.
Kant, I., 1992. M. Immanuel Kant’s Announcement of the Programme of His Lectures for The Winter Semester 1765-1766. In: I. Kant, 1993. Theoretical Philosophy, 1755-1770. Edited and translated by D. Walford ...
Plekhanov as “Defender” of Kant from Neo-Kantians
The history of the reception and interpretation of Neo-Kantian ideas in the late nineteenth and early twentieth centuries shows the special role played by those who took a negative stand with regard to Neo-Kantianism and sought to dissociate it from and oppose it to Kant’s legacy. A prominent place among the latter was occupied by Georgy V. Plekhanov, most of whose works were fiercely polemical. Highly rating Kant’s works, in which he even found some coincidences with materialism, Plekhanov for a...
Gustav Shpet’s Critique of Kant’s “History”
... Translated by S. B. Kolbaneva and A. P. Portnyagin; edited by A. V. Levchenkov, L.V . Zubina, L. A. Gimbickaya and A. V. Sivkova. Kaliningrad: FGBUK “Muzej-zapovednik ‘Muzej Mirovogo okeana’”. (In Rus.)
Krouglov, A. N. 2025. Kant and Hegel: Natural Law or Philosophy of Law? Filosofskii zhurnal | Philosophy Journal, 18(3), pp. 40-56.
https://doi.org/10.21146/2072-0726-2025-18-3-40-56
(In Rus.)
Menzer, P., 1911. Kants Lehre von der Entwicklung in Natur und Geschichte. Berlin: Georg Reimer.
Mikeshina,...
“When life was in the home circle” in the conditional reasonings of Fregean mad-humans and logical penalists
... diversification of methods for solving logical tasks. The relevance of the study is conveyed by discussions about logical aliens - fantastic mad-humans, in which Frege embodied his idea of the impossibility of denying the necessary nature of logical laws in the acquisition of truth, in the context of the remarkable diversity of formal logical tools for modeling argumentation and reasoning. Based on modern studies of conditional reasoning, using the example of Onegin’s conditional reasoning ...