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, without ...
Unification of international rules on the form of will
This article concerns the harmonisation of international private law rules regarding the form of will. The author analyses universal and regional contracts in this field, bilateral agreements on assistance in civil, family, and criminal cases. The article offers conclusions of the features of current development of international ...
A unified and harmonised European law and its impact on third countries
... on European Contract Law, available at: http://frontpage.cbs.dk/law/commission_on_european_contract_law/ (accessed 01 December 2010).
23. Proposal for a Council Regulation Amending Regulation (EC) No 2201/2003 as Regards Jurisdiction and Introducing Rules Concerning Applicable Law in Matrimonial Matters. Brussels 17 July 2006, 2006, COM, 399 final.2006/0135 (CNS).
24. Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession, 2009, COM, 154 final.
Convergence of legal thinking from the perspective of the uncertainty principle
... 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 И. С. Концепция дополнительности....
Некоторые проблемы соотношения системы уголовного права и системы уголовного законодательства
... формировании субинститутов Особенной части уголовного законодательства.
This article attempts to describe the contents of real (logical, actual) rules of criminal law and shows the connection between a rule of criminal law and regulations, and the role of the latter in the formation of subinstitutions of the Special Part of criminal legislation.
1. Алексеев С. С. Структура советского уголовного права. М., 1975.
2. Благов ...
Тhe legal state over time: the nature and the main approaches to the definition
... 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 государства ...
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 Д. Б. Судебное усмотрение в гражданском и арбитражном ...
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 ...
The second application of transcendental logic
... Kant’s "Critique of Pure Reason". 2
ed. N. Y., 1962.
10. Melnick A. Kant’s Analogies of Experience. Chicago; L., 1973.
11. Rohs P. Transzendentale Logik. Meisenheim am Glan, 1976.
12. Stuhlmann-Laeisz R. Kants Logik. B.; N. Y., 1976.
rules and laws of transcendental logic, schema, the axioms of intuition, anticipations of perception, analogies of experience, postulates of empirical thought
Semyonov V. Ye.
Neo-Kantian and phenomenological axiology in N. N. Alekseev’s philosophy of law
... Windelband's distinction between the due and the existing as a convenient methodological technique for understanding features of social phenomena. The article considers the context of Windelband’s philosophy in Alekseev’s interpretation of the role of the rule in philosophy of law. It is shown that Alekseev employs the distinction between the a priori and empirical, suggested by the theory of values, in his philosophy. Values are identified as a basis for the development of law and morals in Alekseev’s philosophy. Comparing ...
Georges Gurvitch and Sergey Hessen on the Possibility of Forming Social Unity
... 2016. Back to Kant, or Forward to Enlightenment: The Particularities and Issues of Russian Neo-Kantianism. Russian Studies in Philosophy, 54(5), pp. 378-394.
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 Method. New York, London et al.: Free Press, pp. 1-163.
Durkheim, E., 2013. Division of Labour in Society. 2nd Edition. Edited and ...
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 ... ... analysed. Further, the article considers Kant’s definition of evil as a deviation of rules regulating the actions of a human being from their principle of morality. The... ... provisions of such legislation is the possibility of transforming them into a universal law, is possible only under the condition that the notion of freedom as relating to...
Kant on the rights of citizens in matters of religion: The concept of religious tolerance in the German Enlightenment
... matters. This problem was crucial to the Enlightenment. Kant’s deliberations on the issue include a long prehistory of formulating the concept of religious tolerance and modelling relations between the state and different confessions, based on the rules of natural law, which date back to the early Enlightenment. For the first time, it was discussed at length by Christian Thomasius, whose endeavours marked the beginning of the Enlightenment in Germany. Moreover, a number of important aspects relate Thomasius’s ...
The creation of a common EU energy market: a quiet revolution with far-reaching consequences
... consequences for the EU, as well as third countries, including Russia.
1. Braun, J. 2011, EU Energy Policy under the Treaty of Lisbon Rules: Between a new policy and business as usual, available at: http://www. academia.edu/1376523/The_EU_2020_Energy_Initiative_The_post-Lisbon_pattern_of_change_in_EU_energy_policy (accessed 17 January 2013).
2. Danwitz, T. 2006, Regulation and liberalization of the European electricity market — a German view, Energy law journal, Vol. 27:423, July 1, available at: 2006//http://www. felj. org/docs/423—450.pdf (accessed 17 January 2013).
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 ...
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 ... ... 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 ...
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 EU-Russia ...
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 ...
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 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 ... ... 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 ...
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 ... ... 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... ... 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 Legal Regulation of the EU Immigrant Integration Policy
In this article, I consider the legal aspects of the EU policy on the integration of immigrants into the host society. The current EU basic law does not give the Union the power to issue legislative acts aimed at harmonizing national rules for the integration of immigrants. However, in the aftermath of the migrant crisis in Europe, this problem has been receiving increased attention. I systematize legal instruments for immigrant integration, analyse the conditions of the system formation, emphasize trends ...
Duty and Coercion in Kant’s Republican Cosmopolitanism
... pp. 40—53.
2. Bernstein, A. R. 2008, Kant on Rights and Coercion in International Law: Implications for Humanitarian 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.
4. Byrd, S., Hruschka, J. 2010, Kant’s Doctrine of Right. A Commentary, Cambridge.
5. Flikschuh, K. 2007, Duty, Nature, Right: ...
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 ... ... 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... ... 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...
The psychological profile of the robber in A.S. Pushkin’s novella Kirdzhali
This article addresses Pushkin’s works, whose characters are based on real people who opposed conventional rules and laws and dedicated their life to fighting for personal and public freedom through following the path of crime. An analysis of the psychologically complex image of the novella’s main character shows that Pushkin paid special attention to the complicated and ambivalent personality of the robber who challenges his fate without pondering the meaning and ...
Parliament and law-making: modern understanding of the role of parliamentary procedures and laws in transforming society
The author analyzes the place and role of parliament in today's transforming society and investigates the causes of the crisis of parliamentarism, the confrontation ... ... 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 ...
Family ethics and philosophy of love in Kant’s Lectures on Ethics
... for enjoyment’) rather than formal considerations (an allegedly unequal contract). The moral contradiction of mutual objectification and 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 union of concubinage is formed to attain the subjective ends of a hedonistic individual and it does not contradict the ends of the human race. Therefore, such a ...
The transitological dimension of constitutional changes in the Slovak Republic
The transformation of constitutional legislation in post-Communist countries follows two models: "reconstruction" and "dismantling".... ... politicians stress that the main drawback of the Slovakian Constitution is that it has not eliminated the gap between values and rules and the actual condition of human rights. The prospects of further development of constitutional law in Slovakia are associated with overcoming the post-Communist attitudes of the Constitution.
1. История государства ...
Supranational party system of the EU
... Soveta ES, no. 2004/2003 “O statuse i finansirovanii politicheskih partii na evropeiskom urovne" [Regulation № 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, Centr prava Evropeiskogo Soyuza [Moscow State Law Academy, Specialized department of the European Union, the Centre of European Union law], available at: http://eulaw.edu.ru/documents/legislation/instit_organs/parties.htm (accessed 28 September 2015).
12. Reshenie Soveta Evropeiskogo Soyuza № 2002/772/ ES_ Evratom “Ob izmenenii ...
Particularities of the ratification of the European Fiscal Compact in Germany
... обращения: 02.03.2015).
10. Burret H. T., Schnellenbach J. Implementation of the Fiscal Compact in the Euro Area Member States. URL: http://www.sachverstaendigenrat-wirtschaft... ... 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 обращения: 02... ... budget deficit, government debt, European Union, obligation to implement balanced budget rule.
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 ...
Some issues of the notary certified transactions
... the concept and place of the notary in certified transactions. It considers such problematic issues as transactions, civil law and civil process, electronic transactions, the role of the notary public in the digital space when certifying transactions. Particular attention is paid to transactions requiring mandatory notarization, as well as real estate transactions. The general rules for transactions notarization, their features and interaction between the court and the notary public regarding the certification ...
The problems of exemption from criminal liability for tax offences
This article explores some of the issues associated with the adoption of the Federal Law № 420-FZ of December 7, 2011 ‘On the Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation’. It is noted that the effectiveness of rules pertaining to the exemption from criminal liability for tax offenses largely depends on the phrasing of the relevant articles ...
Competitiveness of the region: content, factors, policies
... Faini R and Portes R (eds) Eurropean Union Trade with
: Adjustment and Opportunities.
, CEPR, 1995.
Stiglitz J., Hoff K.
The Transition from Communism: A Diagrammatic Exposition of Obstacles to the Demand for the Rule of Law., March, 2004.
region, competition, competitiveness, location based competition, exogenous factors of regional competitiveness, endogenous factors of regional competitiveness
The concepts of citizenship and estate in Russian history — continuity and / or intermittence
The author studied the development of the concept “people” in contemporary history taking into account its possible interpretation as a bearer of sovereignty.... ... E., 2017. “Zakon” i “grazhdanin” v Rossii pervoi poloviny XVIII veka. Ocherki istorii obshchestvennogo soznaniya [“Law” and “citizen” in Russia in the first half of the 18th century. Essays on the history of public consciousness]. Moscow ...
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 ... ... 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... ... канд.юр. наук. Екатеринбург, 2005.
Serova O., Arkhalovich O.
law on contract system; public procurement, single supplier, centralisation
Kantian Ethical Humanism in Late Imperial Russia
... nineteenth-century Russia under the influence of Slavophilism. The Slavophiles with a deep sense of religiosity rooted in an understanding of the Church Fathers. They rejected the role of reason in evaluating moral choices, relying on faith to reveal objective moral laws and rules. Their form of Christian humanism lay in a commitment to justice and respect for all human beings. However, the arguably most historically significant Christian humanist in this era was Vladimir S. Solovyov, who went on to combine influences from Slavophilism and ...
Eastern Europe. On the centenary of the political project
This article describes the characteristics of Eastern Europe as a political pro-ject. The author considers the genesis of Eastern ... ... Suverenitet v sovremennom mezhdunarodnom prave [Sovereignty in contemporary international law], Moscow.
5. Lloyd, D., 2002, Ideja prava [The Idea of Law.], Moscow.
6. ... ... in the "gray zone" of world politics: the survival of the foundations and rules of the sovereign], Saint Petersburg.
19. «Zamorozhennye» konflikty: perspektivy...
Knowing humanity without knowing the human being: The structure of polemic in Kant’s political argumentation
... his favourite philosophers (Saint-Pierre and Rousseau) against the ‘government’ and ‘lawyers’. Kant’s philosophy of law, which is believed to rest on a metaphysical foundation, is constructed using a minimum of anthropological premises, which is often viewed as a virtue. However, Kant’s political teaching is closely connected with ... ... 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 ...
The Disproportionate Expansion of the Object of Legal Regulation: The Concept and Forms
In this article, I address the problem of the disproportionate expansion of the object of legal regulation. I stress the general ... ... регулирования // Правоведение. 1980. № 5. С. 64—71. URL:
(дата обращения: 18.02... ...
object of legal regulation, limits of legal regulation, legal nihilism, ‘dead’ legal rules, public enforcement
Semiotic Inversions in the Formation of the Political Image in the Media Discourse: the image of Russia in German media
The article describes the process of forming the political image of Russia in socio-political media through semiotic inversions.... ... the modern media discourse, the political image is based on the pre-established ‘rules of the game’. The author holds that historical facts are often replaced by false... ... изм. от 12.07.2008). URL:
= 27822 (дата обращения: 17.06.2017).
3. Хмельцов А. И...
Time in Sergey Trubetskoy’s and Boris Chicherin’s metaphysical concepts: A discussion on Kant
... controversy between Sergey Trubetskoy and Boris Chicherin, which followed the publication of Trubetskoy’s monograph the Foundations of Idealism. This analysis focuses on the... ... of natural sciences. He believed that the rigour and logic of natural sciences would rule out subjectivism and help to marry the temporality of the phenomenon and the object... ... Trubetskoy argued that the purpose of metaphysics was not to search for and formulate the laws of nature but rather to uncover new levels of the understanding of the interaction...
Current trends in the development of a green finance system: methodology and practice
... 206—212. doi: 10.1016/j.ecolecon.2011.04.013.
7. Blaug, M. 1994, Pigou’s Welfare Theory, Economic thought in Retrospect = Economic Theory in Retrospect, Moscow, Delo, vol. XVII, p. 551—553.
8. Coase, R. H. 1960, The Problem of Social Cost, Journal of Law and Economics, no. 3, p. 1—44.
9. Buchanan, J., Brennan, G. 1985, The Reason of Rules, Cambridge, Cambridge University Press.
10. Buchanan, J., Tullock, G. 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy, Ann Arbor, University of Micigan Press, p.VlI.
11. Acemoglu, D., Robinson, J. 2012, Why Nations ...
The regional approach in the policy of the Russian Federation towards the Republic of Estonia
... Upolnomochennogo MID Rossii po voprosam prav cheloveka, demokratii i verhovenstva prava K. K. Dolgova v svjazi s reklamnoj publikaciej v jestonskom izdanii «Eesti Ekspress» [Russian Foreign Ministry Commissioner's comments on human rights, democracy and the rule of law K. K. Dolgova in connection with the publication of the advertisement in the Estonian edition «Eesti Ekspress»], Informacionnye materialy Ministerstva inostrannyh del Rossijskoj Federacii [Information materials of the Ministry of Foreign Affairs ...
New stages of the excessive budget deficit procedure for the EU member states and the assessment of their effectiveness
... European Commission. URL:
(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:
(дата обращения: 01....
On the situation of crimes related to drug trafficking in the Socialist Republic of Vietnam
... serious problem to modern society. Since 1986, comprehensive reforms have been carried out in the Socialist Republic of Vietnam (SRV) in all spheres of life, including politics, economy, culture, etc., to create and develop market economy and the rule of law in the country. High crime rate poses a significant danger to the state. Drug trafficking is one of the most serious crimes in Ho Chi Minh, Hanoi and the Vietnamese border provinces. The author analyses the dynamics of drug-related crime rate in Vietnam....
Latvia in the System of European Territorial Security: a View from the Inside and Outside
13. MID Latvii iskljuchil razmeshhenie «gigantskih baz NATO» na territorii strany [Ministry of Foreign Affairs of Latvia ruled accommodation "giant NATO bases" in the country], 2014, DELFI.LV, 5 September, available at: http://rus.delfi.... ... 2014, Conditions Affecting Tactical Nuclear Weapons in Europe, Latvian Foreign Policy Yearbook 2013, Riga, Latvian Institute of International Affairs, p. 36—43.
16. Gushchin, V. 2014, Mezhdunarodnoe pravo na sluzhbe SShA i… rusofobii [International law in the service of the United States and... russophobia], Strategija Rossii [Strategy of Russia], no. 7, July, available at: ...
European and Eurasian integration: similarities and differences
The article studies the development of integration processes in Europe and Eurasia. The purpose of scientific research is ... ... международным делам (РСМД). М., 2014.
4. Stiglitz J. E. Rewriting the Rules of the European Economy. Foundation for European Progressive Studies. 2019.... ... Institutional and Legal Development of EAEU and EU in Comparative Perspective // Russian Law Journal. 2019. Vol. 7 (3). P. 155—168.
17. Лавровский Б. Л., Горошкина...
Taking Detours through the “Transcendental Dialectic”. The Principles of Homogeneity, Specification, and Continuity
In a crucial paragraph (KrV, A 663-664 / B 691-692) of the first part of the “Appendix to the Transcendental Dialectic”, Kant discusses ... ... the Systematicity of Nature? In: M. Massimi, A. Breitenbach, eds. 2017. Kant and the Laws of Nature. Cambridge: University Press, pp. 71-88.
Goldman, A., 2012. Kant and... ... der Kategorien. Kant-Studien, 106, pp. 418-429.
Morrison, M., 1989. Methodological Rules in Kant’s Philosophy of Science. Kant-Studien, 84, pp. 155-172.
Local Border Traffic as a Form of Visa Liberalisation and Territorial Development
This article addresses the issue of visa liberalisation between Russia and the European Union, which constitutes a key ... ... European Parliament and of the Council of 20 December 2006 on the establishment of rules on local border traffic at the external land borders of the Member States and... ... Evropejskij Sojuz i Rossija. Zakonodatel'stvo i praktika [The European Union and Russia. Law and Practice], available at: http://eu-law.ru/2011/06/reglament-es-o-malom-pogranichnom-dvizhenii/accessed...