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... 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,...

... 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 ...

... 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 ...

... 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 ...

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 ...

The article examines the general trends in the development of legal regulation of the digital (Internet) space in the Russian Federation. Particular attention is paid to the relationship between the development of technologies and their involvement in economic turnover with the level of legislative regulation. The ...

... 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 ...

....eu/info/business-economy-euro/economic-and-fiscal-policy-coordination/eu-economic-... (дата обращения: 01.10.2017). 11. Louis, J.-V. The review of the Stability and Growth Pact // Common Market Law Review. 2006. Vol. 43, iss. 1. P. 85—106. 12. Making the best use of the flexibility within the existing rules of the Stability and growth pact: Communication from the Commission COM(2015) 12 final provisional // EUR-Lex. URL: http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1485161789433&uri=CELEX:52015DC0012 (дата обращения: 01....

.... 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 ...

... 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 ...

... 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 ...

... 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 ...

... 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. 15.  Parrish R. The International Legal Status of Voluntary Human Shields. Paper presented at the Annual Meeting of the International Studies Association. Montreal,...

... 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. ...

... European Union to each other. This move was highly questioned by the public. In addition to eloquent statements about the need to break the adverse interdependence of sovereign risks and risks of the banking sector, this Declaration included two specific legal obligations. Firstly, the creation of the Single Supervisory Mechanism (SSM) and the centralized supervision of the banking sector of the Member States of the eurozone with supervisory powers transferred to the European Central Bank in accordance ...

... about judicial activity needs to be systematized and generalized in order to use it most effectively. Judicial activity, as a rule, is considered while a number of other relevant aspects are being studied rather than as an independent category. The research ... ... methods. The empirical basis of the study was an analysis of the legislation of the Russian Federation related to the issue of legal regulation of judicial activity, as well as an analysis of the data of the Judicial Department at the Supreme Court of the ...

... 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 ...

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 ...

... 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 ...

... 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 ...

... 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: https://www.feps-europe.eu/attachments/ ... ... 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 ...

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 ...

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....

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. 1. Комментарий к Налоговому кодексу РФ / под ред. Б.   Н. Топорнина   [и др.]. М., 2005. 2. Собрание законодательства РФ. 1999. №   23. Ст. 2807....

... 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 ...

... ‘true reform in ways of thinking’ and that cruel political revolutions can liberate the society from such oppression. The paper explains Kant’s positive attitude to the French revolution as a ‘historical sign’ of the possibility of moral and legal improvement of humanity through striving for moral goals. Political revolutions are considered as the initial (‘negative’) stage of enlightenment consisting in the liberation from coercion and ‘assistance’ from guardians. This s 1. Aldanov,...

... 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 ...