IKBFU's Vestnik

2019 Issue №2

Antecedents to the idea of constitutional control in the French legal thought of the Enlightenment

Abstract

In this article, I consider the institution of constitutional control and its development during the Enlightenment. I stress that enlighteners thoroughly disapproved of French parliaments as forerunners of modern bodies of consti­tutional justice and explain why this was the case. In an early modern state, conditions for constitutional control and its very possibility were viewed in conjunction with the principles of sovereignty and the division of power. I conclude that the enlightenment doctrine of general will affected the percep­tion by enlighteners of how the function of control over the constitutionality of laws and other normative legal acts was vested in an authority.

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On the essence of forensic identification

Abstract

In this article, we discuss the importance of forensic identification as a source of tactical information. Although the theory of identification is a ma­ture and developed element of forensic science, some authors grossly misin­ter­pret its essence and incorrectly classify its objects. When embedded in re­search publications and textbooks, these misconceptions translate into uni­versity graduates and specialists having a distorted idea of this phenome­non. In this connection, we give a more complete definition of forensic iden­tification and demonstrate its essence and significance.

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Convergence of legal thinking from the perspective of the uncertainty principle

Abstract

In this contribution, we analyse convergence within the integrative con­cept of legal thinking. Our article responds to the deficiencies of the estab­lished jurisprudence methodology, which is unable either to incorporate new facets of law or to provide a new perspective on the understanding of law. We investigate how the principle of uncertainty and complementarity works in the theory of law and explain why these principles have a similar effect within the concepts of integrative legal thinking. Further, we examine the 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.

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The legal regime of information systems in Russian agriculture

Abstract

In this article, I consider the development and use of information sys­tems in the case of Russia’s agricultural industry. I compare the infor­mation system with information and the information infrastructure and show that agriculture lacks a single information infrastructure. Further, I review existing classifications of information systems and the types of in­formation provisions using such systems. I consider national and municipal information system as a means to provide state and municipal services and as a regulatory practice and examine the possibility of classifying infor­mation systems as a source of law.

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