Search

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 ...

... 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 ...

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....

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 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 ...

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 ...

... 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 ...

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 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 ...

... of the ‘Lisbon Strategy’: thesis presented for the Degree of Master of European Studies / College of Europe . Bruges , 2001. 2.      Hatzopoulos V . Why the open method of coordination is bad for you: a letter to the EU // European Law Journal. 2006. 3.      Ahonen P. Soft governance, agile Union ? Analysis of the extensions of open co­ordination in 2000. EIPA, 2001. 4.      Commission of the European Communities: European governance. A White pa­per. Brussels , 2001....

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 ...

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 ...

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 ...

... 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 ...

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 ...

... constituent entities of the Russian Federation on the basis of the analysis of the Charters of the Kaliningrad and Krasnoyarsk regions. The emphasis is placed on the theoretical and practical issues of the charter statutes incorporation in the sources of law system. 1.  Устав (Основной Закон) Калининградской области (в ред. закона Кали­нинградской области от 24 декабря 2009 г . №   314 «О внесении ...

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 ...

... 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 ...

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. Lonskaya S. V. history of state and law, research schools,...

... 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 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 ...

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 ...

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 ...

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 ...

... 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 ...

The article focuses on the analysis of information of the Russian and Western travelers to Central Asia in the 18th — beginning of the 20th centuries on state and law of that region. The goal is a substantiation of the travelers’ notes value as historical evidence of state and law of the Central Asia which allows to study actual relations in administration and legal regulation. The author applies some basic research ...

The article examines the correlation between two basic concepts of the theory of law and transcendental phenomenology. Each concept has its own meaning and performs its specific function. The article aims is to identify the specifics of each concept in order to understand the existing theoretical distinctions between them. 1. Архипов ...

... 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 ...

This article analyses the emergence of canon law as a science and academic discipline in the Baltic area in the second half of 19th/early 20th centuries. The author emphasizes the role of the Tartu University in the organizational development of ecclesiastical law in legal education system of the ...

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 ...

This article, based on the study of legal sources, is an attempt to show the influence of cultural, historical, economic and political factors on the development of the law of succession in the Russian Federation. 1. Конституция Российской Федерации. М., 2008. 2. Гражданский кодекс Российской Федерации. М., 2008. 3. Владимирский-Буданов ...

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...

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 ...

... 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 ...