Some allocation issues of the principles of uncodified branches of law
... law. Secondly, some of the criteria for recognising legal principles that are characteristic of codified branches of law do not work when identifying the principles of uncodified branches of law. Thirdly, sectoral principles in codified branches of law are enshrined only in the Constitution of the Russian Federation and/or sectoral codes. In uncodified branches the source of enshrining the principles of law is the Constitution of the Russian Federation and branch uncodified legislation that is a set of normative legal acts. In this situation the problem arises whether any normative legal act can enshrine the principles ...
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 ...
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 ...
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 ...
The subjects of legal monitoring of Justice of the Peace
... 3 (62). С. 689–692.
25. Левтеева Л. Г. Присоединение Средней Азии к России в мемуарных источниках (историография проблемы). Ташкент, 1986.
Pochekaev R. T
sources on history of state and law, Central Asia, Russian Empire, travelers notes, traditional state and law, “Great Game”
21-31
On the nature of the notion of "Charter statute"
... 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 от 24 декабря
2009 г
. №
314 «О внесении ...
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 ...
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 framework of the third classification, doctrinal principles ...
Review of Recent Russian Studies of Hermann Cohen’s Philosophy
The review covers scholarly publications devoted to the philosophy of Hermann Cohen, the head of the Marburg School of NeoKantianism, written by Russ ... ... tradition, the concept of the philosophy of culture, the relationship between morality and law and many other issues. The review pays particular attention to the works on the... ... for a new Concept of the Subject in Hermann Cohen’s “Religion of Reason from the Sources of Judaism”. In: I. N. Griftsova and N. A. Dmitrieva, eds. 2010. Neokantianstvo...
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 ... ... Prokopovicha i ee zapadnoevropejskie istochniki [The Truth of Monarchic Will by Feofan Prokopovich and Its Western European Sources]. Yuryev: K. Matthiesen (In Russ.)
Gurvitch, G., 1918. Rousseau i deklaraciya prav: Ideya neot’emlemyh prav individa ...
Problems of interpreting legal norms in the court of justice
... 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 of their powers with the exception of the Constitutional Court, which has consistently emphasized over the years that the legal positions contained in its decisions are not only normative, but also have ...
The Name of Prophet Abraham in the Old Russian Literature of XI—XIII centuries
The spread of Christianity in Russia contributed to the development of writing and had a direct ... ...
Akent'ev, K. K., 2005. ‘Slovo o zakone i blagodati’ Ilariona Kievskogo [‘The Word of Law and Grace’ by Hilarion of Kiev]. Vol. 3. St. Petersburg. pp. 116—152 (in Russ... ... history]. Moscow. pp. 42—71 (in Russ.).
Danilevskij, I. N., 2004. The Bible as the source of the Tale of Bygone Years and its prior corpuses. In: Povest vremennyh let:...
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 ...
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 ...
Kant’s fundamental idea of state and law in Pushkin’s Boris Godunov
... state is the central idea of the tragedy. When working on Boris Godunov, Pushkin not only studied the Critique of Judgement but he also read Kant’s works on epistemological theory. In his tragedy, Pushkin was guided by Kant’s ideas of state and law and strived to make it obvious that the people is the only monarch and source of political and legislative power. The tragedy of the people is that it does not know it and the mission of the educated class is to make the people aware of its powers and educate it. Law cannot exist beyond the people’s consciousness — everything ...
Kant and the Constitution of Russian Federation
... 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, and constitutional state lack philosophical depth and consideration of the sources of these phenomena. Without a philosophical interpretation of the phenomenon of law, lawyers will be able to neither understand Kant’s “idealism”, nor explain the connection between this idealism and legal practice. The article presents ...
Problems and prospects of EU — Russia dialogue on visa-free travel
... article deals with the issues pertinent to the EU — Russia visa dialogue — one of the major areas of cooperation between the two partners. The article aims to identify... ... from the economic, legal, and political perspectives. The analysis draws on primary sources such as the EU and Russia’s legislation, EU — Russia agreements on visa... ... porjadke vyezda iz Rossijskoj Federacii i v#ezda v Rossijskuju Federaciju» [The Federal Law of 15.08.1996 N 114-FZ "On the Procedure for Exit from the Russian Federation...
The dispositive principle as a basis for economic relations development
... обращения:25.12.2013).
6. Прохорко Т. Н. Диспозитивность как принцип российского гражданского права : дис. … канд. юр. наук. Пермь, 2010.
Primak T., Zaytsev O.
sources of law, dispositive principle, contract, law, civil law
126-130
Watershed or Cul-de-Sac? Disputes in the Theological Reception of Kant’s Philosophy
... changed the epistemological conditions for theology. Four intellectual backgrounds of objections are examined: an Aristotelian and Thomistic teleological order of nature... ... Grenzen der bloßen Vernunft. Berlin: Akademie-Verlag, pp. 71-90.
Gula, R., 1991. Natural Law Today. In: C. Curran and R. McCormick, eds. 1991. Natural Law and Theology. Mahwah... ... London: T & T Clark (in print).
Junker-Kenny, M., 2019. Approaches to Theological Ethics. Sources, Traditions, Visions. London: T & T Clark.
Junker-Kenny, M., 2020. Self, Christ...
Kant on Human Dignity: Autonomy, Humanity, and Human Rights
... 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... ... conception of human dignity in relation to its conception as autonomy, humanity, and the source of human rights.
Ameriks, K., 2000. Kant and the Fate of Autonomy: Problems... ... Rights. Chicago: University of Chicago Press.
Gregor, M., 1995. Natural Right or Natural Law? Jahrbuch für Recht und Ethik / Annual Review of Law and Ethics, 3, pp. 11-35....
The use of renewable energy sources in the Kaliningrad region: Current state and prospects
This paper examines the current condition and development prospects of the fuel and energy industry of the Kaliningrad region specified in regional programmes. The authors compare the potentials of different renewable energy sources and provide information on the exploitation of different renewable energy objects in the region. The article presents a preliminary assessment of the thermal capacity necessary for the residential area of an ecovillage with a population of 50,...
The Place of Hermann Cohen’s Ideas in the Philosophy of Dialogue
My aim is to prove that Hermann Cohen was not only a philosopher of dialogue but has played an exceedingly important role in the history of that current of thought. His books Ethics of Pure Will (1904) and Religion of Reason out of the Sources of Judaism (1919) offer a detailed analysis of the relationships between I and Thou, I and It, I and We. In the first book these relationships are considered from the ethical-legal point of view and in the second from the viewpoint of religious ...
On the role of the results of operational search activities in contemporary criminal proceedings
The article is devoted to the analysis of the place and role of operational-investigative activities results (hereinafter — ORD) in modern criminal procedural law. The views established in science regarding the use of materials obtained in the course of conducting operational-search ... ... legal methods, as well as observation and other particular methods of studying legal phenomena. The research used doctrinal sources, as well as domestic legislation as the sources of study material. Conceptual proposals were put forward to improve the ...
Discretionary powers of judges in the countries of the continental law system: A comparative analysis
... федеральный закон о дополнении Швейцарского гражданского кодекса. Ч. 5: Обязательный закон / пер. Н. Гайденко-Шер, М. Шер. М., 2012.
Kirillova A.
continental legal family, source of law, enforcement activities, discretion.
93-98
Factors of Legal Classifier Construction and Improvement Methods
...
Классификация и систематизация законодательства Франции // Журнал российского права. 2001. № 9.
Silchenko N.
legal classifier, inner structure, the Republic of Belarus, factors,
source of law, sections.
7-16
10.5922/2223-2095-2009-9-1
Theoretical Framework of Managing Logistical Support to Local Divisions of Law Enforcement Agencies
... strictly defined and legitimate functions, provided the corresponding resources and their sources are legislatively determined for each function.
1.
Бутов В.
И... ... для вузов. М
., 2001.
4.
Phillips L., Votey H.
L. Jr.
The Economics of Crime Control.
Beverly Hills etc., 1981.
5.
Гаврилов А.
И.
Региональная... ... Гапоненко,
Ю.
С. Дульшикова. М., 2006.
Sergeev L., Logvinenko M.
law enforcement agencies, objects if regional administration, principles of regional...
Mass, Community, Communion
Georges Gurvitch’s research paper summarises the Paris period of his scientific activity and introduces the results obtained during this period to ... ... (3), pp. 503-512.
https://doi.org/10.3917/drs.094.0503
Bergson, H., 1935. The Two Sources of Morality and Religion. Translated by R. A. Audra and C. Brereton with the... ...
https://doi.org/10.2307/2017118
.
Gurvitch, G., 1941b. Major Problems of the Sociology of Law. Journal of Social Philosophy, 6, pp. 197-215.
Gurvitch, G., 1942. Sociology of...
Knowing humanity without knowing the human being: The structure of polemic in Kant’s political argumentation
... text corpus. However, due to its passionate polemic, it can be rewritten in the form of dialogues. The most dramatic instalment is the authoritative treatise Toward Perpetual... ... 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... ... Bryushinkin’s ‘cognitive approach’. The author identifies the historical and ideational sources of decision-making criteria, which Kant assigns to his opponents. The article...