Problem aspects of participation of the prosecutor in the stage of initiating a criminal case
The analysis of the procedural position of the prosecutor at the current stage of initiating a criminal case, the legal regulation of which has undergone significant changes, has been carried out. The participation of the prosecutor in the ... ... criminal process. This situation does not correspond to the leading role of the prosecutor in combating crime and ensuring the rule of law. From the concept of the accusatory power of the state, headed by the prosecutor's office, the thesis is developed ...
Russian Political Kant after Liberalism: Sergey Hessen on 1924 Kant Jubilee
Using the Kant jubilee in 1924 as a pretext, Sergey Hessen, a Russian émigré neoKantian, draws no direct political conclusions but sets forth a view of the great philosopher’s legacy from the position of a “legal socialist”, selecting from his heritage those parts of German socialist doctrines that to his mind experienced a departure from a recent flowering of Kantian ideas in NeoKantianism and the collapse of traditional liberalism in the wake of the ...
Kant and Gender Oppression: Privileged Eighteenth-Century Women, ‘Indirect Domination’ and Gender Emancipation
This paper critically addresses the unwitting gender oppression underpinning Kant’s anthropological and legal approach to domestic labour, highlighting the helpfulness of his analysis of reproductive tasks for casting light on some ... ... the extension of citizenship rights to the entire commonwealth.
Anderson, E., 2017. Private Government. How Employers Rule Our Lives (and Why We Don’t Talk about It). Princeton, N J: Princeton University Press.
Brace, L., 2002. The Tragedy of ...
Some aspects of John Rawls’s first principle of justice
... principles of justice over the second one, which was declared by Rawls, is debatable. Disparate variations of the relative priority rule seem more convincing. The author gives a generally positive assessment of the improved formulation of the first principle ... ... praktika [Law and State: Theory and Practice]. No. 10. Pp. 112—121.
7. Frolova, Е. А. 2011, Pravovoi ideal v filosofii prava [Legal ideal in philosophy of law], in: Vestnik Moskovskogo universiteta. Seriya 11. Pravo [Moscow State Univercity Bulletin. Part ...
Kant’s fundamental idea of state and law in Pushkin’s Boris Godunov
... culture. Boris Godunov marked the birth of an individual author’s style in Russian art. A unique literary world — the world of Pushkin — manifested itself in a work of art. This article sets out to prove the influence of Kant’s philosophical and legal ideas on A. S. Pushkin during the poet’s work on Boris Godunov. Kant’s thought that the people is the only monarch and that legislative power is vested in it in a rule-of-law state is the central idea of the tragedy. When working on Boris Godunov,...
Family ethics and philosophy of love in Kant’s Lectures on Ethics
... conditions relations between the sexes are compatible with morality. Such an examination is taking the form of an ethical and legal deduction of matrimony. Kant’s proof of the moral unacceptability of concubinage given in the Lectures is based on the ... ... 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 ...
A Relation to the Politikal Revolution as a Touchstone for Practical Philosophy
... ‘true reform in ways of thinking’ and that cruel political revolutions can liberate the society from such oppression. The paper explains Kant’s positive attitude to the French revolution as a ‘historical sign’ of the possibility of moral and legal improvement of humanity through striving for moral goals. Political revolutions are considered as the initial (‘negative’) stage of enlightenment consisting in the liberation from coercion and ‘assistance’ from guardians. This s
1. Aldanov,...
Knowing humanity without knowing the human being: The structure of polemic in Kant’s political argumentation
... anthropological premises, which is often viewed as a virtue. However, Kant’s political teaching is closely connected with moral anthropology, which is considered as another virtue. Justifying their actions with empirical observations, politicians violate legal rules. Thus, they are subject to the same propensities that they find so frightening in the population. The philosopher, although agreeing with the grim opinion of human nature, tries to dissuade politicians and instil moderate optimism in them. The article ...
The legitimation and criticism of violence in international law. A po¬litical science perspective
... However, the UN Charter provides for the right to self-defence before the collective resolution is adopted. Despite rather strict legal restrictions and international court procedures, cases of abuse of this right occur on a frightening scale. A considerable ... ... formulation of conditions for admissible violence can be used for its justification, since exceptions come hand in hand with rules. This article considers the advantages and disadvantages of the concept of “responsibility to protect”, which proves ...
Frolova Ye. The theoretical and methodological issues of the revival of natural law
This article considers the understanding of natural law from the perspective of neo-Kantian legal philosophy of the late 19th/early 20th century and the problem of correlation between changing rules of law and the unchanged form of moral prescriptions.The author focuses on the development of Kantian approach in solving the problem of moral philosophy. The essence of morals is revealed not in the creation of ideal projects but rather in the ...
The preventive function of the notary: topical issues
The article analyzes the preventive function of the notary, defines the concept and place of the notary in the Russian legal system and among the bodies of civil jurisdiction, reveals the issues of notarial mediation, makes some proposals for improving ... ... legislation. The notary, as an institution of preventive justice, carries out pre-trial resolution of conflicts, ensures the rule of law and plays a huge role in the successful resolution of disputes without going to court, thereby facilitating their ...
Heritage aspect of personal insurance
The relevance of the presented study lies in the active process of reforming domestic civil legislation, and in particular, the rules of insurance. A number of proposals for changing the current legal regulation, formulated in the Concept for the Development of the Provisions of Part Two of the Civil Code of the Russian Federation on Insurance Contracts, naturally need a thorough doctrinal assessment. Such proposals also include the hereditary ...
Legal regulation of civil liability of institutions
... liability to private, public, budgetary, and autonomous institutions. Special attention is paid to the general and specific features of civil liability relating to the use of civil and fiscal legislation. It is concluded that there is a need to unify the rules of civil liability of institutions.
1. Гражданское право : учеб. : в 3 т. Т. 1. 6-е изд., перераб. и доп. / Н. Д. Егоров [и др.] ; отв. ред. А. П. Сергеев, Ю. К. Толстой. ...
The 1859 rules on the remuneration of architects working for the Ministry of Imperial Court
This article focuses on the features of interactions between the Ministry of Imperial Court and architects during the reign of Alexander II. Special attention is paid to the usage of legal loopholes and deviations from the established standards.
1. Российский государственный исторический архив. Ф. 480. Оп. 1.
The transition to the federal contract system in Russia: the centralisation of procurement and the enhancement of its efficiency
The introduction of the contract system in the field of procurement in the Russian Federation entails significant changes in the established practices. The scope of legal relations governed by the rules of regulation of public and municipal procurement is increasing. The expansion of methods for procurement centralization contributes to the efficacy of actions of those participating in the process. The introduced limitations on procuring from a ...
Federal Repatriation Programme in the Kaliningrad region: an Assessment of Risks and Opportunities
... Russian Federation of compatriots living abroad: Order Ministry of Regional Development of Russia from 01.02.2013 № 33], 2013, Legal reference system "Consultant Plus", available at: www.consultant.ru/document/cons_doc_LAW_142227 (accessed: 16.... ... Adaptation, Applied psychology: An international review, Vol. 46 (1), p. 5—34.
21. Dean, M. 1999, Governmentality: power and rule in modern society, L.
22. Douglas, M. 1992, Risk and blame: essays in cultural theory, L., N. Y.
23. Luhmann, N. 2005, ...
Russia and the European Union: an elusive quest for common values?
This article focuses on the dialogue between the Russian Federation and the European Union based on “common values” (legal sphere and the rule of law), which form the framework for the EU-Russia “common spaces” — on the economy, freedom, security and justice, as well as in the field of research and education (including cultural aspects). The author analyses the current state of the ...