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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 ...

This article considers the practice of justification of arbitrary use of force, which poses a paradox and was not foreseen in Kant’s peace project. It is paradoxical because modern international law — unlike classical law — is aimed not at regulating wars but maintaining peace. However, the UN Charter provides for the right to self-defence before the collective resolution is adopted. Despite rather strict legal restrictions and international ...

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 paper analyzes Kant’s philosophy of matrimonial law. It focuses on the idea of this law as “possession of a person as a thing and its use as a person”: Kant conceives marriage as an interpersonal relation in an external form of real possession, in the aspect of the objective and subjective goal ...

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 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 ...

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 consti­tutional law, which in effect means replacing the current Constitution ...

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 ...

According to the positive duties objection, it is not possible to derive positive duties from Kant’s Formula of Universal Law (FUL). However, in his recent “Deriving Positive Duties from Kant’s Formula of Universal Law”, Guus Duindam tries to answer this objection. More specifically, Duindam tries to show how both a duty of benevolence and a duty of self-perfection ...

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 ...

... 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 ...

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 ...

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 ...

... entails a specific theory of coercion. I will especially tackle Kant’s account of international political order. First, I claim that Kant attributes a systematic role to the cosmopolitan right, what justifies considering this part of the doctrine of law as a necessary rational conclusion of the legal system, although its institutional embodiment differs from that required by the rights of states. I highlight that according to Kant states may not behave as individual citizens do, since they do not ...

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 ...

This article analyses the basic norms of international law on the protection of marine environment from vessel-source pollution. The universal and regional levels of legal regulation of preventing marine environment pollution are identified. Special attention is paid to the status of the Baltic Sea as a “special ...

... 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....

... 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....

... 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 article examines the system of training academic personnel in the history of the Russian state and law at the law faculties of the Russian Abroad in Harbin and Prague in the 1920—1930s. The main sources include case-related documentation from the archives of Russian institutions (State Archive of the Russian Federation, Archive of the Russian Academy ...

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 ...

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 ...

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 ...

... articles and reports focusing on Cohen’s theory of cognition, his ethics and aesthetics, the search for convergences between the Christian religion and the Judaic tradition, the concept of the philosophy of culture, the relationship between morality and law and many other issues. The review pays particular attention to the works on the reception of Cohen’s philosophy in Russia, as well as previously unpublished translations and archive materials which were part of the scholarly discourse of his time ...

... 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 ...

The relationship between the individual and society is the leitmotif of Georges Gurvitch’s work. Beginning from the early Russian-language books on the philosophy of law and ending with the works on sociology published in France and the USA at the final stage of his career, Gurvitch studied the individual person and collective units as interacting sides of the collective social subject. He sought to overcome the struggle ...

... neobhodimosti i dolzhenstvovaniya pri issledovanii sotsial'nyh otnoshenii v filosofii neokantianstva [Categories of justice, necessity and duty by the study of social relations in the neo-Kantian philosophy], in: Pravo i gosudarstvo: teorija i 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 11....

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 ...

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 ...

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 ...

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 ...

... 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 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 ...

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 ...