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 ...
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 ...
The evolution of the Russian and foreign state and law. The 80th anniversary of the Department of History of State and Law of the Ural State Law University (1936—2016): collection of articles : in 4 vol. / ed. prof. A. S. Smykalina. Ekaterinburg : Ural St
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,...
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 ...
The communication of persons: Kant’s theory of marriage law held captive by pagan anthropology
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 ...
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 ...
The legitimation and criticism of violence in international law. A po¬litical science perspective
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 ...
Legal guarantees for international investment according to the legislation of the Russian Federation
... national regime for foreign investors,. The author draws a conclusion that the existing system of special guarantees for foreign investors is neither effective nor prudent.
1. Farkhutdinov, I. Z., Trapeznikov, V. A. 2006, Investicionnoe pravo [Investment Law], Moscow.
2. Bogatyrev, A. G. 1992, Investicionnoe pravo [Investment Law], Moscow.
3. Doronina, N. G., Semilyutina, N. G. 1993, Pravovoe regulirovanie inostrannyh investicij v Rossii i za rubezhom [Legal regulation of foreign investment in Russia ...
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 ...
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....
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 ...
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 ...
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 ...
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 constitutional law, which in effect means replacing the current Constitution ...
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 ...
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
. Why the open method of coordination is bad for you: a letter to the EU // European Law Journal. 2006.
Soft governance, agile
? Analysis of the extensions of open coordination in 2000. EIPA, 2001.
of the European Communities: European governance. A White paper.
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 ...
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 ...
Correlation of the notions of the subject of law and the transcendental subject in the theory of law
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 ...
On the nature of the notion of "Charter statute"
... 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.
(Основной Закон) Калининградской области (в ред. закона Калининградской области от 24 декабря
314 «О внесении ...
Duty and Coercion in Kant’s Republican Cosmopolitanism
... 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 ...
International legal protection of marine environment from vessel-source pollution
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 ...
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 ...
On the development of the concept of ‘subject of law
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 ...
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 ...
Spiritual foundations of law
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 ...
Тhe legal state over time: the nature and the main approaches to the definition
... 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 will of the deceased is the law: The key stages of the development of one of the basic principles of the law of succession in Russia
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.
Российской Федерации. М., 2008.
кодекс Российской Федерации. М., 2008.
Civil law of pre-revolutionary Russia as a factor of influence for the development of modern legal doctrine (the case of the personality of the state)
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 ...
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 ...
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:
. (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 ...
Some aspects of John Rawls’s first principle of justice
... 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....
The conservation laws in the Euler problem about two attractive centers and the integration of the dynamic equations
The article establishes that Euler’s problem of two attractive centres contains another conservation law alongside with the energy conservation
one, which is also quadratic in velocities. These conservation laws and elliptic coordinates considerably simplify the procedure of trajectory equations generation.
1. Euler L. Probleme. Un corps ètant ...
The role of the social institution of law in the protection of the health of the younger generation
This article focuses on the role of the social law institution in the protection of the health of the younger generation. The author considers the problems and prospects of legal support to children’s healthcare in Russia.
Практики сохранения здоровья ...
Revisiting the Maxim-Law Dynamic in the Light of Kant’s Theory of Action
A stable classification of practical principles into mutually exclusive types is foundational to Kant’s moral theory. Yet, other than a few brief hints on the distinction between maxims and laws, he does not provide any elaborate discussion on the classification and the types of practical principles in his works. This has led Onora O’Neill and Lewis Beck to reinterpret Kant’s classification of practical principles in a way that would ...
The ethical and philosophical antinomy of foundations of Kant’s theory of family law
The present paper focuses on the ethical and anthropological foundations of Kant’s philosophy of family law conceived as a “personal right that is real in kind”: the possibility of possessing a person as a property item presets the antinomy of moral and legal principles, which reproduces the conflict between Roman naturalistic legal theory and the contractual ...
The role of the principle of honesty in the principle system of Russian civil law
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 ...
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 ...
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 ...
The subjects of legal monitoring of Justice of the Peace
The article deals with controversial issues of positive responsibility. The analysis enables the author to conclude that the category under investigation is a feature (property) of the subject of law, represents the exercise of subjective rights by his will and in his interest in accordance with legal norms, criteria for the lawfulness of the implementation of actions, restrictions. Manifestations of positive legal responsibility should be sought ...
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 ...
Parliament and law-making: modern understanding of the role of parliamentary procedures and laws in transforming society
... 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 ...
Problems of interpreting legal norms in the court of justice
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 ...
The dispositive principle as a basis for economic relations development
This article analyses the problems of civil law regulation, identifies contentious issues, and states that the dispositive principle can act as a basis for economic relations development.
1. О внесении изменений в главы 1, 2, 3 и 4 части первой Гражданского ...
The principles of economic protection of the marine environment of the Baltic Sea
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 ...
Problems and prospects of EU — Russia dialogue on visa-free travel
... borders and those whose nationals are exempt from that requirement, 2010, Official Journal, L 329, 14.12.2010.
20. Federal'nyj zakon ot 15.08.1996 N 114-FZ «O porjadke vyezda iz Rossijskoj Federacii i v#ezda v Rossijskuju Federaciju» [The Federal Law of 15.08.1996 N 114-FZ "On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation"], 1996, Sobranie zakonodatel'stva RF [Collection of Laws of the Russian Federation], no. 34, Art. 4029, 19.08.1996.
The justification of legal punishment in Kant’s philosophy
... права. М., 1992.
7. Шопенгауэр А. Мир как воля и представление / пер. с нем. Ю. И. Айхенвальда. М., 1992.
8. Bahnam G. Kants’s Practical Philosophy. Palgrave Macmillan, 2003.
9. Gregor M. Laws of Freedom. Oxford, 1963.
10. Hill Th. E. Punishment, Conscience and Moral Worth // Kant’s Metaphysics of Morals: Interpretative Essays / ed. by M. Timmons. Oxford, 2002. P. 233—254.
11. Höffe O. Categorical Principles of Law // transl. by ...
Reception of Cohen’s ethics in Russia
... 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 ...