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 in solving the problem of moral philosophy. The essence of morals is revealed not in the creation of ideal projects but rather in the need for action: the moral law must be implemented in the...
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 article is to identify the key characteristics of the EU’s approaches to the use of frozen Russian assets, determine their...
A unified and harmonised European law and its impact on third countries
Having transferred the title on visas, asylum, immigration and other 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...
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 court procedures, cases of abuse of this right occur...
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. They start a polemic in the pages of the journal Sovremenniye zapiski (Contemporary Notes). Although...
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 period of European history, (primarily in the rationalistic tradition of Rene Descartes). The crucial significant in his concept of law...
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 of such relation, but primarily in the aspect of its legal and ethical possibility. Given the naturalistic interpretation of the constitutive act for this kind of law, the legal deduction of marriage...
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 term sub-institution itself is not used by the official doctrine and law enforcement. Such analysis allows us to clarify the indicators of sub-institution...
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 as taking a direct part in hostilities and must be treated according to the principle of proportionality provided that the permissible level of excessiveness of collateral damage can...
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 of the principles of uncodified branches of law. Firstly...
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 reference to the normative nature of legal rules and law in general and its independence of any external authorities or internal motivations of human behavior. According...
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 doctrine. I examine the substance of these critical arguments in...
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 with a new one. The author aims to study possible effects of constitutional reforms and the stability of the Constitution...
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 the philosopher, but they have been formed already in the middle of 80’s of 18th century. Therewith we can use this lectures notes for the studies of Kant’s moral philosophy too, because of their closeness to the Foundations of Metaphysics...
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 the EU and international law.
1. Judgment on joint cases №C-402/05 and 415./05 Jasin Abdullah Kadi and Al Barakaat...
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 relates to the formation of the Königsberg philosopher’s views on law. However, the lecture notes (especially the introduction) are of equal importance to understanding certain problems of Kant’s ethical concept and interpretation...
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 aims to study the terminology and essential characteristics of legal entities in public law. The author considers the widely discussed problem of the juridical person as a...
Duty and Coercion in Kant’s Republican Cosmopolitanism
This paper argues whether Kant’s 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...
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 and subsequent sovereign debt crisis have substantially changed global financial architecture and led to a comprehensive reform of the financial branch in the EU. The author implementing...
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 area” and as a “particularly sensitive sea area”.
1. Meeresumweltschutz für Nord- und Ostsee: Sondergutachten, Februar 2004 /SRU, Der Rat von Sachverständigen für Umweltfragen...
The open method of coordination as a new form of governance: features, characteristics, prospects of application
This article is dedicated to the new form of governance — the open method of coordination — in the EU system of governance. This method is considered in the framework of the ‘new governance’ approach as opposed to the Community Method. The author justifies new modes of governance, offers their key characteristics and outlines their possible ways of development.
1.
Sundholm M.
The open method of co-ordination: the Linux of European integration? A theoretical and empirical study...
Training of scientific personnel in the history of Russian law in the Russia Abroad (1920—1930s): Harbin and Prague
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 of Sciences, State Archive of the Rostov Region), memoirs, and publications by contemporary emigrant scholars. It is argued that the training...
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 thinking...
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 has no need to found the validity of obligation of natural law in God's will. Instead he developed a concept which was based on the idea of a free self-binding moral subject...
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 organisations as sources of corporate law.
1. Диденко А. А. К вопросу о развитии отечественной концепции...
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
This paper focuses on the status of shipbuilding and ship repair enterprises under international maritime security regimes. The author analyses amendments to SOLAS 74/78 convention, including the ISPS Code, which were adopted in December 2002 in the aftermath of September 11 attacks. Although the shipbuilding industry requires heightened security, the reasonability of equating shipyards with port facilities remains a matter of consideration by the contracting government.
1. Анянова Е....
The Relationship Between the Individual and the Collective in the Social Philosophy of Georges Gurvitch
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 between individualism and collectivism which found its ideological expression...
Some aspects of John Rawls’s first principle of justice
The article considers the first of the two principles of justice proposed by the American philosopher John Rawls as universal principles that would be chosen by every reasonable and rational person in an ‘original position’. The work analyses the problematic aspects of the principle’s formulation (the vagueness of the list of key rights and freedoms and the value criterion for ranking them) and of the methods used by Rawls to overcome them in the works published after the acclaimed book A theory...
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 of scientific journals. The discussion focused on the ideas expressed in the work On the Limits and Characteristics of Becoming Conscious...
On the nature of the notion of "Charter statute"
This article examines the charter statute as a new type of legislation of 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...
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 Rossijskoj Federacii pri...
Classification of doctrinal principles of law
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 source of origin and the source in which the doctrinal principle is formulated. The second classification criterion for doctrinal principles of law is recognition by the scientific community. Within...
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, theory and methodology of law
97-100
Тhe legal state over time: the nature and the main approaches to the definition
The article focuses on different approaches to the definition of the legal state nature that has existed over time. The research is aimed at identifying the modern frames of the legal state that functions as a necessary counterbalance to the state monopoly on power and governance. The cope of research methodology is very wide, including the dialectic method of cognition, the methods of analysis and synthesis, and formally logical, historical legal and comparative legal methods. The result of the...
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 in pre-revolutionary and contemporary Russia. It is necessary to develop new concepts of state participation in civil relations.
1. Бондарь Т. В. Государственная...
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 Law and the...
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 of law. The authors stress that the courts of the Russian Federation do not create sources of law, but merely interpret them in the framework...
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 the category of ‘subject of law’ should be developed in the context of interdisciplinary studies.
1. Большой юридический словарь / под ред...
Bogdan Kistiakovy’s Project of “State of the Future” as Synthesis of the Ideas of Liberalism and Socialism
This article is devoted to the correlation between liberal and socialist ideas in the social and philosophical conception of the prominent methodologist of social sciences and a Neo-Kantian legal theorist Bogdan Kistyakovsky. The author stresses the uncertainty of both the definition of liberalism and the principles behind attributing concrete thinkers to this movement. The article emphasises the inconsistency of classifying Kistyakovsky’s socio-philosophical concept as liberal. The analysis performed...
The effect of Covid-19 on labour migration in the CIS
This study responds to the need for measures to mitigate the effects of national actions to slow the spread of Covid-19. National responses are dynamic processes and thus an elusive, albeit important, object of study. The governments of most CIS countries acted promptly and decisively in countering the pandemic. The comprehensive measures have had a serious impact on citizens’ mobility and employment situation. Among the affected are millions of migrants working in the CIS. This article offers...
The subjects of legal monitoring of Justice of the Peace
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 methods: historical legal, formal legal and comparative legal approaches, content...
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 С. И. Субъект права. Теоретическое исследование. СПб., 2004.
2. Лекторский В. А. Можно ли совместить...
Studies of the Orthodox canon law in the Baltic area in the second half of the 19th/early 20th centuries
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 Russian Empire. The article describes the general religious situation in the Baltic area and explores the role of the personality of a scientist in the development of a research area.
1. Библиотека...
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 — has not been sufficiently developed in either theory or jurisprudence. The formation of honesty-driven behaviour in the participants...
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.
1.
Конституция
Российской Федерации. М., 2008.
2.
Гражданский
кодекс Российской Федерации. М., 2008.
3.
Владимирский-Буданов М.
Ф.
Обзор истории русского права. Ростов...
Psychological problems of "common-law marriage"
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...
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 dignity, autonomy, and mutual respect and trust. Alongside factual and legal aspects, the article addresses the moral aspect of legal relationship.
1. Большая советская...
Reception of Cohen’s ethics in Russia
This article focuses on the perception 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...
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 of Kant’s philosophy: the complementarity of morals and law and support for traditional family values. The legal discussions on the essence of constitutionalism, supremacy of law...
Geography and economy of the Kaliningrad region: limitations and prospects of development
With its exclave status, the Kaliningrad region has been drawing attention of many researchers in different fields. Yet the prospects for cooperation between the region and neighbouring communities in Poland and Lithuania, which once constituted an integrated social, economic and political space, remain unclear. Media analysts and scholars alike tend to view the Kaliningrad region as “double periphery”, since it is excluded from major modernisation processes both in the European integration zone...