Constitutional reforms and stability of the Сonstitution: balance finding problems
The article explores consequences of revising the Constitution. Based on 25 years of experience in implementing the supreme law of the Russian Federation, various approaches to changing the text of the Constitution are analyzed. Speial attention is paid to the analysis of proposals to reform the ...
The Kantian Concept of Human Dignity Today
... dignity has undergone in post-Soviet Russia — in everyday language, in ideological doctrines, and in legal documents. While in ordinary life dignity is increasingly reduced to access to material benefits, in its legal sense — above all in the 1993 Constitution of the Russian Federation — anti-communist ideology has turned it into the “right” to enjoy comfortable living conditions, being almost totally divorced from duties and from morality. Such interpretations of human dignity lead to a ...
Institution of Constitutional Complaint in the Russian Federation: Some Questions of Legal Regulation
Constitutional complaint is an efficient instrument of constitutional right protection in Russia. The judicial body dealing with such complaints is
the Constitutional Court of the Russian Federation. However, certain problems arise due to the legislative ...
The Welfare State (Social State) in the Russian Federation as a Constitutional Principle and its Practical Implementation
The authors are investigating the content and practical implementation of the constitutional principle of the social (welfare) state in the Russian Federation, especially the relevant state measures supporting families, birth rate and migration. Legal research in this paper is also focused on the selected state projects realized ...
On distinguishing the measures of constitutional responsibility and other measures of constitutional enforcement imposed upon the executive authorities of constituent entities of the Russian Federation and their officials
This article examines the measures of constitutional responsibility and other measures of constitutional enforcement. The author puts forward several proposals regarding the classification of constitutional enforcement measures imposed on the executive authorities of the constituent entities ...
The concept “people” in the Cadet Party rhetoric
The article considers the interpretation of the concept “people” by the Constitutional Democratic Party supporters. This concept is of fundamental importance for the analysis of Cadet ideology. The concept “people” was of great political value for the Cadet party. The author correlates this concept with such notions relevant ...
Transzendentalphilosophie als kritische Bestimmung des Standpunkts. Eine wissenschaftstheoretische Annäherung
... principles but, in a weaker sense, conditions of the possibility of experience. The relation between Division One and Division Two of the “Doctrine of Elements” can be demonstrated exemplarily with regard to Kant’s references to astronomy. Based on the constitutive principles of understanding, which are directed towards the field of possible experience and provide a connection of cognition through reasons and consequences, as well as the regulative principles of reason, which form maxims of research,...
The political debate on the change of the Constitution of the Republic of Poland after the parliamentary elections of 2015
In 1997, the Constitution of the Republic of Poland was adopted. Since then, constitutional disputes have continued in Poland. After the 2015 elections, they sharpened. In addition, Polish President Andrzej Duda proposed a change to the Constitution of the Republic ...
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 ...
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 and uncodified industries, regardless of whether they are duplicated in industry legislation or not. The article highlights a number of problems related to the allocation ...
Antecedents to the idea of constitutional control in the French legal thought of the Enlightenment
In this article, I consider the institution of constitutional control and its development during the Enlightenment. I stress that enlighteners thoroughly disapproved of French parliaments as forerunners of modern bodies of constitutional justice and explain why this was the case. In an early modern ...
The role of constitutional courts in the mechanism of public authority responsibility in Russian regions
This article focuses on the powers of regional constitutional courts relating to the legal responsibility of regional officials and public authorities in the Russian Federation. The author analyses possible participation of constitutional courts in providing a mechanism for legal responsibility of ...
The transitological dimension of constitutional changes in the Slovak Republic
The transformation of constitutional legislation in post-Communist countries follows two models: "reconstruction" and "dismantling". The Czechoslovak experience of constitutional legislation transformation follows that of dismantling. One of the positive ...
Particularities of the ratification of the European Fiscal Compact in Germany
... Coordination and Governance in the Economic and Monetary Union. URL: http://www.consilium.europa.eu/en/ documents-publications/agreements-conventions/agreement/?aid=2012008 (дата обращения: 02.03.2015).
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7. The Fiscal Compact: Europe's Not Always Able to Speak German: On the Dutch Implementing Act and the Hazardous Interpretation of the ...
Forensic characteristics of creation, use and distribution of malicious computer programs
... years among the most effective tools for infiltrating information infrastructure. In the vast majority of cases, the exploitation of malicious software is associated with gaining access to systems containing confidential information and its theft, which constitutes the least costly method for delivering and executing malicious code on a recipient’s device. Given that the increase in unlawful acts related to the creation, use, and distribution of malicious computer programs is a significant factor in ...
Trouble in the Kingdom of Ends (Rev.: C. M. Korsgaard, Fellow Creatures: Our Obligations to the Other Animals. Oxford: Oxford University Press, 2018, 252 pp.)
...
Korsgaard, C.M., 2004. Fellow Creatures: Kantian Ethics and Our Duties to Animals. In: G. B. Peterson, ed. 2004. The Tanner Lectures on Human Values, Volume 25/26. Salt Lake City, UT: University of Utah Press, pp. 77-110.
Korsgaard, C.M., 2008. The Constitution of Agency: Essays on Practical Reason and Moral Psychology. Oxford: Oxford University Press.
Korsgaard, C.M., 2009. Self-Constitution: Agency, Identity, and Integrity. Oxford: Oxford University Press.
Korsgaard, C.M., 2018. Fellow Creatures: ...
Moral inscrutability and self-constitution in Kant (translated from the English by V. Belonogova and D. Khizanishvili, edited by V. Chaly)
This article analyses the system of inferences used by Kant in Religion Within the Boundaries of Mere Reason to demonstrate the existence of evil disposition (Gesinnung). The author be¬lieves that, in this work, Kant introduces two innovations in respect of the fundamental project presented in the Groundwork of the Metaphysics of Morals. He emphasises that freedom is not justified and postulates a transcendental structure similar to the unity of transcendental apperception in order to unify all volitions...
Klochkov V. V. The tory conservative party and the “constitutional revolution” of 1832—1835 in Great Britain. Monograph. Rostov-on the Don ; Taganrog : Southern federal university publishing house, 2017. 481 p.
The review analyzes the academic monograph which examines a wide range of issues in constitutional and political history of Britain in the years 1832—1835. The reviewed book is characterized by the conceptual innovation, a sound historiographical background, thoroughness and a variety of theoretical and methodological features.
1....
The content of morality as an object of constitutional and legal protection
The article develops the concept of «morality» and establishes its content as an object of constitutional and legal protection. The author analyzes some legal provisions related to the protection of public morality. Another issue which is considered in this publication is the views of researchers who studied the content of morality as a matter ...
Paradoxes of Legal Procedure in Mr. K’s Complaint to the Constitutional Court of the Russian Federation on the Defense of Pension Rights of a Serviceman
... author studies some specific legal paradoxes in the implementation of the legislation on status of militaries in the concrete case of the military pensioner K. who served relevant period but did not get the right to obtain pension. The application to The Constitutional Court of Russian Federation and some aspects of the judgment of the Court are analyzed.
1. Конституция Российской Федерации (принята всенародным голосованием 12.12.1993) (с учетом ...
Европейское пространство высшего образования: германский опыт преподавания конституционного права
... курса «конституционное право России», преподаваемого в современных российских университетах.
The author analyses the German practice of teaching the Staatsrecht (State (Constitutional) Law of Germany) course and the main structural elements of the course. On the basis of the research conducted, several conclusions and proposals regarding the optimization of the structure of the Constitutional (State) Law of Russia course ...
On the principles of the constitutional status of a people
This article deals with the types and content of principles of constitutional status of the people of the Russian Federation. Among other principles, the author distinguishes the principle of legality, the principle of harmonious combination of personal and public interests, the principle of priority of national ...
The formation of the political elite in Lithuania at the turn of the 1980s—1990s: the role of “moral politicians”
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The European Court of Justice case of Elgafaji: the interaction between EU law and international humanitarian law
... zakona «O statuse voennosluzhawih», stat'i 32 Polozhenija o porjadke prohozhdenija voennoj sluzhby i punktov 35 i 44 Polozhenija o naznachenii i vyplate gosudarstvennyh posobij grazhdanam, imejuwim detej», 15 janvarja 2009, № 187-O-O [Defining Constitutional
Court "On the refusal to deal with complaints of Grau zhdanina Konstantin Markin a violation of his constitutional rights in Articles 13 and 15 of the Federal Law" On State benefits to citizens with children ", articles 10 ...
Different forms of parliamentarism and the factors determining the variations
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Grammatical features of the explication of the causation in different linguocultures
... structurally diverse languages — Kabardian, or East-Circassian, Russian, and English — has revealed differences in communicative behavior shaped by the cultural backgrounds of speakers. English causative constructions, whose cultural elaboration constitutes a distinctive typological feature of the language, emphasize the autonomy and freedom of the causer. In the Kabardian linguoculture, unlike in Russian and English, permissive or imperative meanings of causation are determined by context....
Fundamentals of the theory of legal punishments (problem statement)
... the study, in addition to general scientific methods, special legal research techniques were employed, including the formal-legal, systemic-legal, and legal modeling methods, which, together with the analysis of legislative norms and decisions of the Constitutional Court of the Russian Federation, allowed the research objective to be achieved. A conclusionis drawn on the necessity of a dual understanding of punishment as a phenomenon of both objective and subjective law, and the substantive and functional ...
The current EU sanctions policy: political and legal analysis of the main regulatory documents
... democracy, respect for international law and human rights, as well as to resolve ongoing and prevent emerging conflicts and crises in the international arena. This article presents the results of a politico-legal analysis of key regulatory documents that constitute the normative foundation of the EU’s current sanctions policy. The aim of the research is to identify the main legal, political, and value-based characteristics and features of the mechanisms regulating the application of the EU’s own restrictive ...
Correlation of the principles of law: expediency in legality
... systemic concept of legality. Given the polysemous nature of legality, the author critically evaluates the notion that legality can be viewed in its entirety as a form of expediency and supports the view that the principle of expediency (or reasonableness) constitutes one of the structural general legal principles of legality, forming an integral part thereof. The principle of expediency may also function as a principle within individual branches of law. The study substantiates the conclusion that the operation ...
Semiotics of ‘the new Soviet man’ concept in the works of the Strugatsky brothers: from the “Noon Universe” to the “Doomed City”
... a result, the literary text is examined as a semiotic model of communication, in which the sender and the recipient of the text are linked through the narrative language and regarded as objects of historical analysis. The theme of the ‘new man’ constitutes the historiosophical core of the Strugatsky brothers’ oeuvre. Already in their early works, Arkady and Boris Strugatsky formulated the principal characteristics of the concept of the ‘Soviet man’ as a person of labour (action), a person ...
Solidarity strategies in adolescent communication
... and playful way seems to be a feature of the adolescent communication style. The data analysed reveals the local, cultural (and supposedly age) specifics of employing the universal face-saving mechanism of the communication.
Arundale, R., 2010. Constituting face in conversation: face, facework and interactional achievement.
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Arundale, R., 2013. Conceptualizing ‘interaction’ in interpersonal ...
Petroleum as a space for non-translation: Hikmet, Negarestani, Parshchikov
... only in the 2000s. One can look at these poems by Hikmet as one of the first attempts to create a philosophy of petroleum, which will find its most large-scale embodiment in the philosophical novel “Cyclonopedia” by Reza Negarestani, where petroleum constitutes a new type of subjectivity, simultaneously fluid and explosive. On the other hand, the image of petroleum will play a key role in Alexei Parshchikov’s poem of the same name, where one can also discern echoes of this philosophy in Hikmet’s ...
Why do we need the particle “not”: evolution of semantic structures and propositional attitudes
... Naturalism, Meaning Irrealism, and the Work of Language.
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Habermas,...
Language and the nature of humanness. Invitation to a discussion
... and language and consciousness. An ecological approach to language assumes that the cognitive dynamics of humans as living systems consists in the adaptive interactional behaviour in the relational domain of linguistic interactions. This domain constitutes the ecological niche of humans as organism-environment systems. It is in this continuously self-constructed human niche that the uniquely human power to reasoning (intelligence) emerges and develops. Humanness rests in language as the creative ...
“Čut’ živye, v noč’ osennjuju / My s ochoty vozvraščaemsja…” Secondary predicate in Nekrasov’s poetic texts
... the predicative attribute in the poetic work of Nekrasov. The study contributes to the general ‘grammar of poetry’, which has been proposed and developed by Roman Jakobson. The study shows that Nekrasov often used the predicative attribute and it constitutes one of the specific features of his style. Grammatically extended adjectival, participial and adverbial phrases, frequent in Nekrasov’s poetry, cause additional predication, which makes it possible to expand the narrative. The predicative ...
The concepts of citizenship and estate in Russian history — continuity and / or intermittence
... period. After the radical break with the past proclaimed by the Bolsheviks, the old class stratification system had to be changed. In the first month after the Revolution, the Bolsheviks officially abolished estates, titles and ranks. Under the 1918 Constitution of the RSFSR, the concept “class” became a legal term in Soviet Russia. Only “workers” received political rights and thus full citizenship. The official civil status or citizenship was an integral part of the ideology of workers ...
Social media interfaces as a representation of cultural meanings
... characteristics and those of the architecture of a virtual platform interface. This makes the detected cultural differences unreliable. A way to solve this problem is a comparative study of social media interfaces only, seeking to identify the culturally constituted meanings embedded in the design of virtual platforms. These meanings are employed in the users’ virtual self-presentation. I analysed Facebook and VKontakte – two large social media platforms originating from the countries with different ...
On the Semiotic Model of Image
... of Ch. S. Peirce (on the concepts of Firstness, icon, hypoicon and metaphor). The image is proposed to be defined as a complex sign (two-level hypoicon- metaphor), which has a certain “primary” sign as its sign vehicle that represents the object constituted by all the facts (cases of semiosis) that are similar to that primary sign. Three key functions of the image are defined: a) the memory function (the accumulation of semiotic experience inherent in a certain discourse), b) the transfer function ...
Historical Prussia in the mirror of confessional relations
This article develops the concept of historical process being determnined by cultural phenomena. The cultural aspect examined by the author is religious beliefs. It is shown that Prussia constituted a region of intersection between ancient Prussian paganism rooted in the proto-Indo-European era and Roman Catholic Church and Orthodoxy. The interaction of these forms of ideology is used to explain the history of Prussia.
1. Батыр ...
Fichte’s Ideas in the Philosophical Doctrines of Russian Neo-Kantians
... from the works of Boris Vysheslavtsev, Boris Yakovenko and Henry Lanz and tries to reconstruct the influences exerted by Fichte’s ideas on the philosophical ideas of Russian Neo-Kantians. The historical-philosophical works of Russian Neo-Kantians constitute an integral body which provides an interpretative context of Fichte’s philosophy and forms an inalienable and significant part of Fichte studies in Russia. The main tendency of these works is an attempt to bring Fichte’s doctrine closer ...
Kant’s “Categories of Freedom” as the Functions of Willing an Object
... from the functions of thinking underlying each category. Furthermore, Kant justifies by means of a transcendental deduction the fact that the categories of freedom necessarily relate to all objects of the will. I argue that the categories are concepts constitutive for the object of the will: the role they play is that of the functions of willing an object. Finally, I show that the categories of freedom reach beyond Kant’s foundation of moral philosophy. They point to the later Metaphysics of Morals ...