A unified and harmonised European law and its impact on third countries
... policies related to free movement of persons from the third pillar into the Treaty on European Community, the Amsterdam Treaty vested legislative power in the European Community in the fields of international civil procedure and private international law. On the basis of this power, the European Community enacted a series of Regulations, which will soon unify both areas of law. Such unification will not only facilitate legal relations within the European Union but also enhance legal relations with ...
Correlation between the concepts of institution and sub-institution in criminal law
The article considers correspondence between the concepts of institution and sub-institution in the criminal law. The understanding of the criminal law sub-institution as an element of the structure of criminal law institute requires verification in terms of analysis of the correlation between these concepts. It is especially urgent due to the fact that the ...
The European Court of Justice case of Elgafaji: the interaction between EU law and international humanitarian law
This article focuses on the increasing influence of international court rulings on the development of new concepts within international law, in particular, the concept of subsidiary protection to persons who fall outside the scope of the 1951 Refugee Convention. The author also considers the issues related to the concept of indirect effect in EU law, as well as the interaction between ...
The concept and typologisation of defects in the criminal procedure law
In the article, in the context of a systematic approach, views on the understanding of defects in law and the law are presented and analyzed, and the lack of a unified methodological basis for defining the concept of a defect in law is revealed. The criteria are formulated to identify the presence of a defect in the criminal procedure law. After studying ...
Kant in Russian Police Law: Unknown Pages
... material, which is published in the appendix to this article, was found in the archive of B. V. Nikolsky, where it is titled “Article by S.V. on the Occasion of the Centenary of Immanuel Kant’s Death. 1904”. It is devoted to Kant’s philosophy of law, the origins of which are traced back to the French Revolution. In addition, the author of the manuscript claims that Kant’s legal conception influenced the development of the science of police law and the reforms of Alexander II. Finally, it is ...
The Problem of the Possibility of an Artificial Moral Agent in the Context of Kant’s Practical Philosophy
... is possible implies discussion of a whole range of problems raised by Kant within the framework of practical philosophy that have not exhausted their heuristic potential to this day. First, I show the significance of the correlation between moral law and freedom. Since a rational being believes that his/her will is independent of external influences, the will turns out to be governed by the moral law and is autonomous. Morality and freedom are correlated through independence from the external....
The Kantian Concept of Human Dignity Today
... God and the World. Utrennij svet, ezhemesyachnoe izdanie [Morning Light, monthly edition] (St. Petersburg), Pars 1, December, pp. 285-297. (In Rus.)
Baglay, M. V., 2007. Konstitucionnoe pravo Rossijskoj Federacii: uchebnik dlya vuzov [Constitutional Law of the Russian Federation: textbook for High Schools]. Moscow: Norma. (In Rus.)
Basic Law of the Federal Republic of Germany, 1949. Translated by C. Tomuschat, D. P. Currie, D. P. Kommers and R. Kerr, 2022. Available at: <
https://www.gesetze-im-internet....
The development of legal framework for Russia-EU relations: 2010 results
This article deals with the development of legal framework for Russia-EU relations in 2010. The author analyses the preparation of the new basic agreement, the development of sectoral EU-Russia agreements, and soft law amendments, as well as relevant regulations of the European Union and Russian law. The article reviews current initiatives and approaches of the Parties in the legal regulation of the „Partnership for modernisation".
1. Postojannoe predstavitel'stvo ...
Classification of doctrinal principles of law
The specific features of doctrinal principles of law, complicating the process of their classification, are noted. Based on a positivist legal understanding, three original classifications of doctrinal principles of Russian law are proposed. The first classification is based on criteria such as the ...
The doctrinal factor of legal communication
It is a matter of scholarly consensus that legal doctrine has significantly influenced the development of law — at least within the Romano-Germanic (continental) legal tradition. However, the mechanisms through which doctrine exerts its law-shaping influence remain insufficiently explored in Russian legal scholarship. One may also note conceptual gaps and ...