Kistyakovsky on the nature of law
... 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 to Kistyakovsky, the rational element of legal rules is their key characteristic. Not unlike concepts, law is created by reason,...
Тhe legal state over time: the nature and the main approaches to the definition
... 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 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 ...
Legal aspects of the EU policy on irregular immigration
... employment of irregular immigrants, rules on the return of irregular migrants and readmission, rules on border control, and rules on collaboration with third countries. The author pays special attention to analysing the current state of irregular immigration ... ... by other states. However, changes in the political and economic situation in the EU’s southern borderlands made the current legal mechanisms incapable of withstanding new threats. It necessitates a radical reform of the legislation on irregular immigration....
Convergence of legal thinking from the perspective of the uncertainty principle
... appropriateness and efficacy of using in jurisprudence a transdisciplinary approach, i. e. extrapolating methodologies from across disciplines to the theory of law. We propose to extrapolate to jurisprudence the principles of uncertainty, which implies that a legal rule cannot deal with both elements of moral law and rules of conduct. I conclude that developing a single framework for the understanding of law by converging methodologies from across disciplines will help to identify new facets of law.
1. Алексеев ...
The facilitation of freedom of movement between Russia and the European Union: prospects and legal issues
10. Soglashenie ot 18.09.2007 goda mezhdu Kabinetom ministrov Ukrainy i Pravitel'stvom Vengrii o pravilah mestnogo pogranichnogo dvizhenija [Agreement of 18.09.2007 between the Cabinet of Ministers of Ukraine and the Government of
Hungary to the rules of the local border traffic], Vseukrainskij juridicheskij portal [All-Ukrainian Legal Portal], available at: http://jurconsult.net.ua/zakony/zakon_show. php?zakon_id=2327&dbname= laws_rus_2007 (accessed 19 June 2008).
11. Agreement between the Government of the Kingdom of Norway and the Government of the Russian Federation on Facilitation ...
The Legal Regulation of the EU Immigrant Integration Policy
... on immigrant integration contained in the legal acts of the Union; relevant national legislation. I conclude that the system of legal regulation of immigrant integration in the EU is two-tier. General principles are established at the Union level and legally binding rules are formulated at national levels.
1. Апанович М. Ю. Вопросы интеграции мигрантов в Европе // Вестник МГИМО. 2011. № 6. С. 248—255.
2. Апанович М. Ю. Политические ...
The Disproportionate Expansion of the Object of Legal Regulation: The Concept and Forms
....-практ. конф. Вологда, 2016. С. 146—149. URL:
(дата обращения: 18.02.2018).
Sekhin I. V.
object of legal regulation, limits of legal regulation, legal nihilism, ‘dead’ legal rules, public enforcement
Georges Gurvitch and Sergey Hessen on the Possibility of Forming Social Unity
... social unity but also the fundamental problems with the conceptions of social law.
Antonov, M. V., 2014. Portraits of Legal Scholars. G. D. Gurvich: the Project of the Sociology of Law. Law. Journal of the Higher School of Economics, 4, pp. 63-74.... ....1080/10611967.2016.1290414
Duguit, L., 1921. Objective Law. II. Columbia Law Review, 21(1), pp. 17-34.
Durkheim, E., 1982. The Rules of Sociological Method. In: E. Durkheim, 1982. The Rules of Sociological Method: And Selected Texts on Sociology and its ...
The international legal regulation of the status of voluntary human shields
... 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 ... ... Changes and Challenges /
Arnold R., Hildbrand P.-A. (eds.) Lausanne; Berne; Lugano, 2005.
The International Legal Status of Voluntary Human Shields. Paper presented at the Annual Meeting of the International Studies Association. Montreal,...
Sources of discretionary powers of judges in Russian law
This article examines the sources of judicial discretion under Russian law. Based on a legislation analysis, the author identifies and classifies legal rules granting judges discretionary powers and defines the role of such rules in the administration of law by judges. The discretionary power of judges is considered in terms of compliance with the constitutional rights of citizens.
1. Абушенко ...
The communication of persons: Kant’s theory of marriage law held captive by pagan anthropology
... 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 comes in a desperate contradiction with Kant’s ethics of personal dignity, because it seems to lead to a mutual instrumentalization of persons; as a matter of fact, Kant's deduction of marriage rules out the possibility of mutual personal obligations of family members. The naturalistic premise of Kant's family law, provenient from the ancient Roman property law, is as follows: marriage is mutual possession of the other's person as a thing and ...
The 1859 rules on the remuneration of architects working for the Ministry of Imperial Court
This article focuses on the features of interactions between the Ministry of Imperial Court and architects during the reign of Alexander II. Special attention is paid to the usage of legal loopholes and deviations from the established standards.
1. Российский государственный исторический архив. Ф. 480. Оп. 1.
Ministry of the Imperial Court, urban development, architects, ...
A unified and harmonised European law and its impact on third countries
... neuen EG-Verordnungen [Europeanization and globalization of international civil procedure law by the new EC regulations], Probleme der Angleichung des europäischen Rechts, Augsburger Rechtsstudien [Problems of harmonization of European law, Augsburg Legal Studies], Bd 1, p. 135.
30. Charter, D., Elliot, V. 2008, Reprieve for curvy cucumbers and crooked carrots as EU bends rules, The Times, November.
31. Geimer, R. 2002, Salut für die Verordnung (EG) N 44/2001 (Brüssel I-VO) [Salute to the Regulation (EC) No. 44/2001 (Brussels I Regulation)]. In: Praxis des Internationalen Privat- und Verfahrensrechts [Practice of international ...
Neo-Kantian and phenomenological axiology in N. N. Alekseev’s philosophy of law
... priori and empirical and translate both into reality. It is emphasized that religion becomes a tool for understanding values as rules. It is concluded that Alekseev’s philosophy of law combines Neo-Kantian and phenomenological principles with religious ... .... V., 2013, Politiko-pravovye vozzrenija evrazijcev v rossijskom gosudarstvovedenii XX veka: uchebnoe posobie [Political and legal views of Eurasians in Russian political science of XX century: Textbook], Moscow, 247 p.
19. Polyakov, A. V., Fenomenologicheskaja ...
Taxation of Special Economic Zone Residents in Russia: Legal Issues
This article deals with the system of taxes paid by the residents of special economic zones, tax benefits provided to the residents, and the application of special rules and tax payments procedures in special economic zones on the territory of Russia. The author pays attention to the imperfections of certain legislative formulations decreasing the efficiency of legal regulations.
к Налоговому кодексу РФ / под ред. Б.
законодательства РФ. 1999. №
23. Ст. 2807....
EU — Russia energy cooperation: major development trends and the present state
... creation of a common European energy market). The author describes the process of gradual consolidation of transgovernmental and transnational institutions, which leads to depoliticization of cooperation and mutual socialization of the partners. Finally, legal discussions on the development of common rules have become more constructive. In sum, the current situation in EU — Russia energy relations is favourable and positively affects cooperation in the Baltic Sea region.
1. Joint Declaration of the President of the European Council, 2000, Mr. ...
Legal regulation of civil liability of institutions
... features of civil liability relating to the use of civil and fiscal legislation. It is concluded that there is a need to unify the rules of civil liability of institutions.
1. Гражданское право : учеб. : в 3 т. Т. 1. 6-е изд., перераб.... ... современном этапе : автореф. дис. … канд. юр. наук. М., 2013.
liability, institute of legal liability, civil liability, legal regulation, institutions
Russia and the European Union: an elusive quest for common values?
This article focuses on the dialogue between the Russian Federation and the European Union based on “common values” (legal sphere and the rule of law), which form the framework for the EU-Russia “common spaces” — on the economy, freedom, security and justice, as well as in the field of research and education (including cultural aspects). The author analyses the current state of the ...
Certain issues of correlation between the international financial law and the EU law
... author implementing systematic analysis and formal legal method as well as functional and structural analysis reviews different types of interaction between IFL and the EU legal order. Although international agreements form an integral part of the EU legal order, the rules of their interpretation differ from the primary and secondary EU legislation. The reverse influence of the EU law is carried out by EU institutions and Member States by participating in inter-governmental organizations and other international bodies ...
The problems of legal regulation of relations pertaining to satisfying state requirements in the light of new legislation
This article analyzes the provisions of the recently adopted federal law on the contract system and identifies its shortcomings. The author stresses that new rules are not capable of solving the problem of legal regulation aimed to satisfy state requirements and will create additional complications in the use of terminology, application of legislation, identification of the scope of different regulations, and the correlation of private and public law regulation....
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 источников гражданского права ...
Parliament and law-making: modern understanding of the role of parliamentary procedures and laws in transforming society
... individuals and corporations in all kinds of public relations. The author has proposed to focus the legislative activity of Parliament on the creation of basic norms and principles that outline the framework of public relations rather than 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 ...
Duty and Coercion in Kant’s Republican Cosmopolitanism
... Military Intervention”, in: Jahrbuch für Recht und Ethik 16, pp. 57—100.
3. Bernstein, A. R. 2014, The Right of States, the Rule of Law, and Coercion: Reflections on Pauline Kleingeld’s Kant and Cosmopolitanism, in: Kantian Review 19/2, pp. 233—249.... ... 469—493.
7. Flikschuh, K. 2011, On the Cogency of Human Rights, in: Jurisprudence 2011, 2/1, pp. 17—36.
8. Hirsch, J.-A. 2012, Legalization of International Politics: On the (Im)Possibility of a Constitutionalization ot International Law from a Kantian ...
Particularities of the ratification of the European Fiscal Compact in Germany
... aktuell/wirtschaft/eurokrise/schuldenkrise-gauck-unterzeichnet-esm-gesetz-und-fiskalpakt-11889456.html (дата обращения: 02.03.2015).
15. Kocharov A. Another Legal Monster? An EUI debate on the fiscal compact treaty // EUI LAW. 2012. 09. URL: http://hdl.handle.net/1814/21496 (дата ... ....2015).
Fiscal Compact, budget deficit, government debt, European Union, obligation to implement balanced budget rule.
Supranational party system of the EU
... 2004/2003 of the European Parliament and of the Council On the regulations governing political parties at european level and the rules regarding their funding] 2003, Moskovskaya Gosudarstvennaya Yuridicheskaya Akademiya, Kafedra prava Evropeiskogo Soyuza,... ... Salomatin, A. Yu., Melikov, A. V. 2015, Evropeiskii parlament: politikopravovoe issledovanie [European Parliament: political and legal research], Moscow.
14. Strejneva, M. V. 2010, Strukturirovanie politicheskogo prostranstva v Evropeiskom soyuze (demokratizaciya) ...
Russian soft power in the Baltic States through the lens of research: traditions, competition, confrontation
... power, which is considered as hard power, and to compare the theses that dominate this discourse with the actual interactions between Russia and the three states in media, education, and culture. Each Baltic country has built a system of political and legal restrictions to diminish the effect of Russian soft power, which is considered in terms of hard power, i.e. as a threat to national security. The current forms of Russian soft power are becoming less productive in the region and their use in the ...
... provisions of the draft civil code on joint accounts. The authors focus on enforcement practices and justify the need for the legal regulation of this type of accounts.
1. Положение об эмиссии платежных карт и об операциях,... ... (дата обращения: 16.06.2016).
Erokhina M., Primak T., Shpak Yu.
bank account, bank deposit, joint accounts, account rules, terms and conditions of bank contracts
The European Court of Justice case of Elgafaji: the interaction between EU law and international humanitarian law
....ru/2010/10/29/ zorkin. html (accessed 15 December 2010).
8. Judgment on case №С-106/89 Marleasing, 1990, European Court Report, I-4135, available at: http://eur-lex. europa. eu (accessed 17 December 2010).
9. Warney, M., Birkinshaw, P. 2010, The European Legal Order after Lisbon, p. 223.
10. Ispolinov, A. S. 2010, Doktrina kosvennogo jeffekta (soglasovannoj interpretacii) v prave ES [The doctrine of indirect effect (consistent interpretation) in EU law], Evrazijskij juridicheskij zhurnal [Eurasian legal ...
The transition to the federal contract system in Russia: the centralisation of procurement and the enhancement of its efficiency
The introduction of the contract system in the field of procurement in the Russian Federation entails significant changes in the established practices. The scope of legal relations governed by the rules of regulation of public and municipal procurement is increasing. The expansion of methods for procurement centralization contributes to the efficacy of actions of those participating in the process. The introduced limitations on procuring from a ...
The concepts of citizenship and estate in Russian history — continuity and / or intermittence
... 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 and “exploited” classes as opposed to “non-working, bourgeois ...
European and Eurasian integration: similarities and differences
... Российский совет по международным делам (РСМД). М., 2014.
4. Stiglitz J. E. Rewriting the Rules of the European Economy. Foundation for European Progressive Studies. 2019. URL:
... ... регулирования // Современные евразийские исследования. 2018. № 1. С. 7—14.
15. Pimenova O. Legal Integration in the European Union and the Eurasian Economic Union: Comparative Analysis // International Organizations ...
Family ethics and philosophy of love in Kant’s Lectures on Ethics
... conditions relations between the sexes are compatible with morality. Such an examination is taking the form of an ethical and legal deduction of matrimony. Kant’s proof of the moral unacceptability of concubinage given in the Lectures is based on the ... ... instrumentalisation of free persons in matrimony is on the surface of Kant’s deduction. The moral prohibition of instrumentalisation rules out family ethics and family law. However, the root of all evil is not solely this circumstance. A morally illegitimate ...
Some aspects of John Rawls’s first principle of justice
... principles of justice over the second one, which was declared by Rawls, is debatable. Disparate variations of the relative priority rule seem more convincing. The author gives a generally positive assessment of the improved formulation of the first principle ... ... 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 ...
Federal Repatriation Programme in the Kaliningrad region: an Assessment of Risks and Opportunities
... Russian Federation of compatriots living abroad: Order Ministry of Regional Development of Russia from 01.02.2013 № 33], 2013, Legal reference system "Consultant Plus", available at: www.consultant.ru/document/cons_doc_LAW_142227 (accessed: 16.... ... Adaptation, Applied psychology: An international review, Vol. 46 (1), p. 5—34.
21. Dean, M. 1999, Governmentality: power and rule in modern society, L.
22. Douglas, M. 1992, Risk and blame: essays in cultural theory, L., N. Y.
23. Luhmann, N. 2005, ...
Knowing humanity without knowing the human being: The structure of polemic in Kant’s political argumentation
... anthropological premises, which is often viewed as a virtue. However, Kant’s political teaching is closely connected with moral anthropology, which is considered as another virtue. Justifying their actions with empirical observations, politicians violate legal rules. Thus, they are subject to the same propensities that they find so frightening in the population. The philosopher, although agreeing with the grim opinion of human nature, tries to dissuade politicians and instil moderate optimism in them. The article ...
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 ...
The legitimation and criticism of violence in international law. A po¬litical science perspective
... 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 on a frightening scale. A considerable ... ... formulation of conditions for admissible violence can be used for its justification, since exceptions come hand in hand with rules. This article considers the advantages and disadvantages of the concept of “responsibility to protect”, which proves ...
Eastern Europe. On the centenary of the political project
... vyzhivanija i pravila suveren [Unrecognized States in the "gray zone" of world politics: the survival of the foundations and rules of the sovereign], Saint Petersburg.
19. «Zamorozhennye» konflikty: perspektivy razreshenija, dinamika i posledst¬vija ... ... International Law. In: Macdo-nald, R. St. J., Douglas M. Johnston (eds.), The Structure and Process of Internatio-nal Law: Essays in Legal Philosophy, Doctrine and Theory, Dordrecht, Netherlands, p. 440—441.
26. Kobrinskaya, I. 1998, Vnutrennie faktory ...