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 ...
Confiscation Estonian style: legal and political aspects of potential seizure of Russian assets in EU countries
The possible confiscation of Russian assets by Western countries is one of the serious challenges to modern international law and the system of international relations. Since the greater part of the frozen assets is under the jurisdiction of EU countries, special attention should be paid to studying mechanisms for the use of Russian assets within the EU. The purpose of this ...
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 ...
Georges Gurvitch and Sergey Hessen on the Possibility of Forming Social Unity
The early decades of the last century saw European philosophical thought becoming increasingly interested in the sociological extension of the idea of law. From the viewpoint of the sociology of law, law is formed in the process of social interactions and is not sanctioned by the state. Sergey Hessen and Georges Gurvitch base their conceptions of social law on the sociology of law in the 1920s and 1930s....
On the role of religion in N. N. Alekseev’s axiological model of law
This paper is devoted to investigation of destination of religion in the process of forming of the concept of law in determined cultural circumstances. This study is actualizes the essential link between comprehension of content of domain of law and concept of subjectivity. Nikolay Alexeev overcomes concept of subjectivity represented in philosophy of early modern ...
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 international legal regulation of the status of voluntary human shields
The analysis of existing rule of International humanitarian law governing the cases of use of human shields by the parties of armed conflict justifies the conclusion that these persons are a sui generis case and should be regarded as an exception to a number of general rules. As a result, they should not be classified ...
Some allocation issues of the principles of uncodified branches of law
The principles of law are considered within the positivist legal understanding as the normatively fixed fundamental concept of each industry. The general legal principles enshrined in the Constitution of the Russian Federation are thought to directly apply both in codified ...
Kistyakovsky on the nature of law
This article explores the contribution of the Russian philosopher and theorist of law, neo-Kantian Kistyakovsky, to the understanding of the essence of law. He supported methodological pluralism and identified four theoretical and two practical concepts of law. The neo-Kantian motive in Kistyakovsky's theory manifested itself in the ...
Affection of Law: Fichte on the Place and Boundaries of Pure Ethics of the Imperative
In his popular 1806 lectures on religion Fichte considered five possible worldviews in the second of which, “the standpoint of legality”, one can readily recognise the ethics of law of the Stoical and Kantian type. Fichte stresses that in his youth he himself shared this worldview. However, he hastens to adduce a series of original arguments to show that this position is essentially incapable of delivering a pure and higher moral ...
Feyerabend’s Natural Law Notes and their significance for Kant studies. Preface
Natural Law Notes of Feyerabend is one of the most important sources by the research of ethical and juridical views of Kant. Dating back to 1784 they distinctly demonstrate that the basic principles of Kant’s philosophy of right are not a late production of ...
Neo-Kantian and phenomenological axiology in N. N. Alekseev’s philosophy of law
This paper analyzes receptions of phenomenological and neo-Kantian axiology trends in the interpretation of the concept and status of value in N. N. Alekseev’s philosophy of law. The author identifies the role of Neo-Kantian nomothetic—idiographic division of sciences proposed by the Southwest German school of Neo-Kantianism in interpreting the essence of law within Aleseev’s philosophy. It is shown that Alekseev uses ...
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 ...
Kant’s lectures on natural law: Justice and conscientiousness
The lectures on natural law delivered by Kant in the winter semester of 1784/85 have recently attracted increasing attention from Kant scholars. Dating back to the 1780s, they elucidate a number of important aspects in the genesis of Kant’s practical philosophy. Firstly, this ...
Public law entities and the theory of the subjects of law
This article reviews theoretical works of Russian legal scholars on public law entities and analyses several provisions of the Constitution of the Russian Federation and the Charter of the Kursk region. The author reflects on the representational functions that public law entities perform in public relations. The article ...
Minimising Investment Risks Through Optimising Public-Private Partnership: The Case of the Kaliningrad Region
... federal'nogo universiteta im. I. Kanta [Vestnik Immanuel Kant Baltic federal University], no. 3, p. 143—151. (in Russ.)
4. On the Special Economic Zone in the Kaliningrad Region and on Amendments to Certain Legislative Acts of the Russian Federation: Federal law 16-FZ, dated 10 Jan. 2006 (as amended on 11.03.2016.), available at:
http://www.consultant.ru
. (accessed 29.06.2016). (in Russ.)
5. About the state support of organizations that are making investments in the form of capital investment in the Kaliningrad ...
How transcendental are Kant’s principles of public law?
This article presents a comprehensive analysis of the content, meaning, and scenarios of applying the transcendental principles of public law formulated in the second appendix to Kant’s treatise Toward Perpetual Peace. The author compares different interpretations of these principles by Russian and international researchers. The article strives to answer the question as to what type of ...
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....
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....
Certain issues of correlation between the international financial law and the EU law
The problem if interaction between the international financial law (IFL) and the EU law has become particularly vital in this integrational entity where a special legal system was created. It has been developing until now and carries the features of the both international and municipal law. Global financial crisis ...
The open method of coordination as a new form of governance: features, characteristics, prospects of application
... of the ‘Lisbon Strategy’: thesis presented for the Degree of Master of European Studies / College of
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Convergence of legal thinking from the perspective of the uncertainty principle
In this contribution, we analyse convergence within the integrative concept of legal thinking. Our article responds to the deficiencies of the established jurisprudence methodology, which is unable either to incorporate new facets of law or to provide a new perspective on the understanding of law. We investigate how the principle of uncertainty and complementarity works in the theory of law and explain why these principles have a similar effect within the concepts of integrative legal ...
Kants Begriff der Verbindlichkeit und die neuzeitliche Naturrechtslehre
My article is devoted to one of the main concepts of early modern natural law, i. e. the concept of obligation. Starting with Pufendorf's concept of obligation, it will be demonstrated that the natural law is grounded on the will of God. In contrast, the concept of obligation in Christian Wolff's Philosophia practica universalis ...
Implementation of the International Ship and Port Facility Security (ISPS) code and amendments to the International Convention for the Safety of Life at Sea (SOLAS 74/78) for ship-building
... die Analyse von Piraterie und maritimem Terrorismus. Hamburg, 2011.
8. Frittelli J. Port and maritime security: background and issues for congress // Vesky J. Port and maritime security. N. Y., 2008. P. 11—41.
9. Jenisch U. Piracy, Navies and the Law of the Sea; the Case of Somalia // WMU Journal of Maritime Affairs. 2009. Vol. 8, № 2. P. 123—143.
10. Klein N. Maritime security and the law of the sea. Oxford, 2011.
11. Liss C. Oceans of crime: maritime piracy and transnational security in ...
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 ...
The significance of the critique of A. I. Vvedensky’s ‘new psychophysiological law’ for Russian philosophy
This article analyses the historical and philosophical critique of A. I. Vvedensky’s ‘new psychophysiological’ law. The author examines the most substantial commentaries, namely, those by P. E. Astafyev, N. Y. Grot, L. M. Lopatin, E. L. Radlov, and S. N. Trubetskoy. At the end of the 19th century, these authors contributed to an active discussion in the pages ...