Genesis of the concept of “unclaimed land share” in Russian legislation
The concept of “unclaimed land share” appeared and developed in Russian legislation due to the debatable nature of the legal nature and the ambiguity of the legal regime of the land share as a category of land law. The article provides a description of the theoretical and practical issues related to the genesis of the doctrinal and legal concepts of land share ...
Corpus-based studies in conference interpreting
..., 2000. Examining simultaneous interpreting norms and strategies in a South African legislative context: A pilot corpus analysis. Language Matters, 31(1), pp. 198—221... ..., 2012. Interpreting strategies in real-life interpreting: Corpus-based description of seven professional interpreters’ performance. Translation Journal, 16(2). Available... ... Bendazzoli, and B. Defrancq, eds. Making Way in Corpus-based Interpreting Studies. Springer Nature Switzerland. pp. 65—82.
parallel corpus, comparable corpus, multimodal corpus...
Legal regulation of extradition in Russia: the interplay between international and national provisions
This article analyses the theoretical provisions of international acts and domestic legislation regulating extradition and explores the interplay between international and national legal frameworks for extradition,... ... regulation problems. Factors hindering more effective implementation of the said provisions include their complexity, multi-level nature, insufficient legal regulation, the lack of bilateral treaties and the influence of national political dynamics on the ...
Heritage aspect of personal insurance
The relevance of the presented study lies in the active process of reforming domestic civil legislation, and in particular, the rules of insurance. A number of proposals for changing the current legal regulation, formulated ... ... Concept for the Development of the Provisions of Part Two of the Civil Code of the Russian Federation on Insurance Contracts, naturally need a thorough doctrinal assessment. Such proposals also include the hereditary aspect of personal insurance highlighted ...
Parliament and law-making: modern understanding of the role of parliamentary procedures and laws in transforming society
... 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 Duma and the place of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, fixing in the parliamentary regulations and laws, the mandatory nature of their analysis and expertise of introduced bills at the stages of the legislative process.
1. Arce Janariz A. La Transparencia de la ley // Cuadernos Manuel Giménez Abad. 2013. № 5. P. 59—68.
2. Dawn O. Improving the scrutiny of bills: ...
The legal aspects of community elimination during the Stolypin agrarian reform
This article considers the legal content of the concept of "leaving the community" though analyzing the legal nature of the farmstead and district land tenure formed through placing land in personal ownership, individual allotments, and complete division of rural lands into farmsteads and isolated land plots. It is shown that the reform legislation did not suggest legal discrimination of the community, which retained its administrative, economic, and land-related ...
The Kantian Concept of Human Dignity Today
... philosophy is still relevant and helpful for understanding difficult and crucial issues of today. One example is the strange transformation the concept of human dignity has... ... Feyerabend”. Stuttgart-Bad Cannstatt: frommann-holzboog, pp. 3-15.
Kant, I. 2016. Natural Right Course Lecture Notes by Feyerabend. In: I. Kant, 2016. Lectures and Drafts... ... (To the History of the Constitution of the Russian Federation). Journal of Foreign Legislation and Comparative Law, 1, pp. 8-14. (In Rus.)
Kozlova, E. I. and Kutafin,...
Kant on Human Dignity: Autonomy, Humanity, and Human Rights
... explores the new frontier within Kantian scholarship which suggests that Kant places so much special importance on the value of rational nature that the supreme principle of morality and the concept of human dignity are both grounded on it. Advocates of this reading ... ... Z., 2009. Human Dignity as a Right. Frontiers of Philosophy in China, 4(3), pp. 370-384.
Waldron, J., 1999. The Indignity of Legislation. In: J. Waldron, 1999. The Dignity of Legislation. Cambridge: Cambridge University Press, pp. 7-35.
Willaschek, M....
Kant on evil in the human nature
This article focuses on the analysis of the problem of evil in Kant’s works. The author attempts at reconstructing the ... ... interpreted evil. It is shown that the problem of evil is closely connected to that of the nature or essence of a human being. The article presents an analysis of Kant’s notion... ... an assumption that the creation of a moral world based on the principle of the free legislation of reason, which consists in that the criteria for the significance of provisions...
On the legal nature of collateral in view of the reforms in the Russia civil legislation
This article addresses certain issues of the legal regulation of collaterals in view of the civil law reforms. The author considers the problem of establishing the legal nature of the collateral, as well as the possibilities of using certain types of collaterals.
1. О совершенствовании Гражданского кодекса Российской Федерации : указ Президента РФ ...
The prioritising of functional immunity criteria
In the course of establishing legitimate limitations and control over trade navigation in the open sea, the need to define the nature of vessel's activity is of utmost importance for the ascertainment of vessel's immunity. At the same time, today, the international legislator establishes two criteria of the commercial character of a deal: the "purpose" of the deal and the "nature of the deal", the latter being the crucial one. The author considers the theoretical aspects of the priority of "purpose" ...
Spatial planning in the European Union and the Russian Federation
This article analyzes the principles of spatial planning, which form the basis for this type of urban development in the ... ... and knowledge; 5) reduction of environmental damage; 6) enhancement and protection of natural resources and natural heritage; 7) enhancement of cultural heritage as a factor... ... rossijskom zakonodatel'stve: analiz i ocenka [Territorial recreation systems in the Russian legislation: analysis and evaluation]. In: Kaledin, N. V., Chistobaev, A. I. (eds.)...
Author-coined terminology in Russian verse theory: the formalist legacy
Any system of terminology serves as a map of the field within which it is employed. The history ... ... Syntagmas, word boundaries, and litaurids: (The concept of content-effective rhythm and the natural rhythmization of speech).
Russkaya literatura
[Russian literature], 4, pp... ... Fleishman, D. M. Bethea and I. Vinitsky, eds.
Stanford Slavic Studies 50
.
Unacknowledged Legislators: Studies in Russian Literary History and Poetics in Honor of Michael Wachtel...
Criminal penalties of material nature: Imposition and enforcement
This article focuses on the imposition and enforcement of criminal penalties of material nature – fines and community services. Special attention is paid to a low effectiveness of fine enforcement, in particular, due to the inflexibility of the legislative norm. The author presents several suggestions, in particular, reducing the minimum level of progressive fines. It is stressed that imposition of community service penalties is complicated by the possible unemployment of the sentenced person....
Naturalising Kant
The third formulation of the Categorical Imperative rarely receives the attention devoted to its predecessors.... ... naturalistic approach to morality inspired by Kant’s conception of moral agents as legislating in a Kingdom of Ends. Positions derived from the third formulation, John... ... Democracy: Autonomy and Control. New Haven: Yale University Press.
Dewey, J., 1988. Human Nature and Conduct. In: J. Dewey, 1988. The Middle Works, Volume 14. Carbondale, Ill...
Das teleologische Prinzip der Erkenntnis im Kontext der „Kritik der praktischen Vernunft“ Kants
... Критика способности суждения. М., 1994. С. 41—69.
3. Кант И. Из рукописного наследия. М., 2000.
4. Кант И. Критика чистого разума. М., 1994.
judgement, reasonability, teleology, legislation of nature, heuristic principle of cognition
Raseew D. N.
7-15
10.5922/0207-6918-2010-1-1
Kant on the rights of citizens in matters of religion: The concept of religious tolerance in the German Enlightenment
The universal public law is a section of Kant’s lectures on natural right, which he delivered in 1784. A traditional part of the then natural right compendia, it might seem strange to us today. Kant distinguished between three branches of government. However, they were not identical in the name or function to the executive, legislative, and judicial powers. Of interest is the justification of the exclusion of certain powers from the monarch’s authority — the monarch must not dispense justice or rule in a way that is demeaning to his or her greatness. Moreover, the section ...
Civil protection in the EU and its effect on the safety of the Baltic region
This article describes civil protection activities of the EU in the framework of the Community Civil Protection Mechanism — a system for coordinating civil protection resources and in-kind assistance to countries stricken by natural and manmade disasters. By analyzing the legislation and actual activation of the Mechanism, the authors present the functioning of this system as well as the ongoing changes towards a more planned approach to providing civil protection. The authors address the issue of extending the current civil protection system by introducing ...
The concept and typologisation of defects in the criminal procedure law
In the article, in the context of a systematic approach, views on the understanding of defects in law and the law are ... ... the various views of scientists on the prospects for the development of the theory of legislative defects, taking into account the specifics and independence of the functioning... ... defects, gaps, collisions, inconsistency of norms, flaws of a stylistic and linguistic nature
25-37
10.5922/vestnikhum-2024-4-3
Legal nature of marketplaces
The advancement of information technology and the digital economy pose a challenge that calls for developing specific legal approaches to comprehend phenomena such as marketplaces. This article reviews the stances adopted by Russian and international legislators regarding the understanding of marketplaces. It is shown that legislators apply a similar legal regulation logic and consider marketplaces as subjects in a legal relationship, defining them based on a set of distinctive traits. Some lawmakers ...
The concept of extreme necessity in the crime qualified by Article 199.2 of the Criminal Code of the Russian Federation
In this article, the author examines the actual issue of applying provisions of an extreme necessity to actions containing signs of a crime ... ... legal analysis. The purpose is to identify existing gaps of a theoretical and practical nature and to propose possible ways to bridge them. The article notes the importance... ... of the Russian Federation No. 48 dated 26.11.2019 "On the practice of applying Legislation on Liability for Tax crimes by courts".
Tsirit O.A.
extreme necessity...
Prospects of the resort tax in Russia
... supposed to become a development instrument for the tourist infrastructure. The main idea of the article is to prove that this assumption doesn’t agree either with the experiences... ... countries or the Russian actual situation. The idea is implemented through the analysis of legislative base of the resort tax implementation, indicators of budgetary performance... ... of the experiment. The foreign experience shows that tourist tax is of the renting nature, it originates from the growing welfare and increase in touristic activity. Tourist...
Investment in the fixed asset replacement: Models and mechanisms
This article analyses the need for, and barriers to, the replacement of fixed assets for enterprises. The author presents a business model of renovation ... ... учета. 6-е изд., перераб. и доп. М., 2012.
10. Coase R. The Nature of the Firm. L., 1937.
11. Маркс К. Капитал. 1984. Т. 2.
12... ...
replacement of fixed assets, renovation fund business model, integration with Russian legislation.
40-47
Cessation of right of claim under a credit agreement: the problems of enforcement
... author analyses the judicial practice of commercial courts and courts of general jurisdiction. It is stressed that the current legislation does not contain provisions that forbid a bank to cede rights under a credit agreement. The conclusion is made that the law provides an opportunity for alienating the bank’s rights (claims) in respect of borrowers (natural persons). The author considers the position of public authorities on the inadmissibility of cession of a bank’s rights ...
“Am I a trembling creature, or do I have the right”. Legal capacity in the election procedure
This paper analyses the legal capacity in the election legislation, including the differentiation between individual and collective rightsholders. The author considers the issue of inclusion of the power of citizens to participate in establishing the election results into the core of voting rights. The thesis about the peremptory nature of right to the judicial protection of voters is proved and the one about the influence of the electoral system type on the deprivation of voters’ rights is disproved.
1. Собрание законодательства Российской ...
Exclusive rights in the Russian civil circulation
This article considers individual issues of the civil legislation on the definition of the concept of exclusive right, its legal nature, the definition of its place among civil rights objects, and the possibilities of its use in civil circulation in the framework of various transactions and enforced collection.
1.
Гражданский
кодекс Российской Федерации....
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 ...
The contentious issues of adoption in civil procedure
This article analyses the problem of maintaining the secrecy of adoption at the trial stage. The author makes certain proposals regarding the improvement of adoption legislation and analyses different scholarly perspectives on the legal nature of secrecy of adoption and its practicality.
1.
Конституция
Российской Федерации. М., 2011.
2.
Гражданский
процессуальный кодекс РФ. М., 2011.
3.
Уголовный
кодекс ...
The concept of operative administration and its development in science and legislation
The article considers the right of operative administration as the statutory right to own, use and dispose of another’s property in their own
interests by representing different scientific points of view and opinions of scientists about the nature of the right of operative administration and by highlighting modern scientific research works that give further development to the right of operative administration.
1.
Юнусов Р.
А.
Ретроспективный взгляд на ...
The concept “people” in the modern European political thought: Hobbes, Spinoza, Pufendorf
... people in political theory. The concept “people” becomes “a flickering subject” that appears during the transition from a natural state to a civil one and disappears when the transition goes in the opposite direction. In a civil state, people become an active subject when they perform the function of the legislator. In other cases, people as a political subject transform into a certain multitude, consisting of separate individuals....
The problem of meaning in Social Semiotics: deep semiotics as a conceptual extension of Social Semiotics
... experience. These systems affect the human consciousness to change the semantic picture of the world, behaviour, and the way one perceives reality. Almost all cultural artefacts... .... Normativno-tsennostnaya priroda osmysleniya deistvitel'nosti [The normative value nature of the understanding of reality]. Leningrad (in Russ.).
Tul'chinskii, G. L.,... ... Telo svobody [Body freedom]. St. Petersburg (in Russ.).
Bentham, J., 1896. Theory of Legislation. London.
Halliday, M. A. K., 1978. Language as social semiotics: The social...