The Realist and Rhetorical Dimensions of the Protection of Religious Feelings in Russia
The authors examine how the Russian judiciary formulates legal policies when adjudicating cases in which religious beliefs are concerned. First, the authors describe the framework within which their research on this matter is conducted, basing it on the theory of legal argumentation. Applying this framework to the investigation of Russian court practice has enabled the authors to discover important features, which they argue are characteristic of legal reasoning of the judiciary in this category of cases. In particular, the authors note that, at least until the present the Russian Constitutional Court has chosen to abstain from crafting principles of legal policy regarding religious issues. Furthermore, in religious cases, the Russian judiciary—by and large—does not follow the jurisprudence of the ECtHR, and the Russian Supreme Court has no clear-cut policy in handling these cases. In such a situation, ordinary judges choose individual strategies. These are indispensable insomuch as fidelity to the letter of the law is inadequate for adjudicating such cases. Russian court practice (from 1997 on) in religious cases can be more easily understood from this perspective than it can in the light of presumed political influence.
The author researches the key problems of the formation of the Russian-speaking Diaspora in a separate poly-ethnic region. The major trends of the adaptation of the Russian-speaking Diaspora in Finland have been studied as well.
The report addresses the methodological challenge of studying judicial reasoning in a Codified Systems of such Western countries as France and Germany in the 19th century and Russia in the late 19th early 20th century. The difference in style of Western European and Russian decision should be explained by taking into account national legal consciousness along with black letter rules of the codes and statutes.
This compendium comprises transcript of the workshop on ‘Human Rights on the Internet: legal frames and technological implications’ organized by the Higher School of Economics on the 7th Internet Governance Forum (Baku, Azerbaijan, 6–9 November, 2012) and relevant articles on legal and technological issues of Internet Governance in sphere of human rights, prepared by the group of legal and technical scholars of information studies of the Higher School of Economics. This compendium is devoted to the forthcoming 8th Meeting of the Internet Governance Forum on Bali, Indonesia, 22–25 October 2013.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/