Нормативистская теория права: уроки истории
The article describes the positive and negative aspects of the normativistskoy theory of right by G. Kelzen. It is noted that a severe blow to the theory normativism received during the Nuremberg trial of German fascist criminals. This confirms the analysis of the provisions of laws and law enforcement practices of Nazi Germany. It is concluded that, in order not to repeat the negative lessons of history associated Nazification, in the national laws governing the creation of laws procedure should establish requirements for the content of normative legal acts.
The issue is devoted to the creation of national traditions of lawmaking. The questions of delimitation of the law from all the legal acts in a historical retrospective are considered. The accent is made on the process of forming of the standard-setting activity. It is emphasized on the legal nature of ministerial creation of regulatory acts. Analogies of the pre-revolutionary and modern legal phenomena in the field of lawmaking are drawn.
The project of the state reforms of M.M. Speransky (1808-1809) is considered in a context of attempts of Alexander I to solve one of the major problems of Russia XIX century - the problem of reforming a state system and management. It is proved that Speransky's various works contain fragments of harmonious sociopolitical philosophy, rather modern and actual.
This publication contains materials of the scientific conference on "The constitutional theory and practice of public authorities: patterns and deviations", held in April 2015 at the initiative of the Department of Constitutional and Municipal Law at the Faculty of Moscow State University Lomonosov.
The publication is addressed to teachers, graduate students, applicants, students of universities, scientists - employees of legal academia. It is lso of interest to those working or studying in the faculties of political science, philosophy and sociology of education, for deputies and members of staff of representative bodies.
In the book presents the papers and translations devoted to philosophycal and legal legacy of Hans Kelsen
In this article the author resumes the debates about sustainability of the neo-realist theory of legal interpretation. Pfersmann meticulously analyses the new arguments of his adversary, Michel Troper, and criticizes these arguments. Neo-realism recurs to content-analysis of legal texts as of speech acts, which is not possible without semantics, but at the same time it denies using any semantic arguments. Another inconsistency results in that any normative hierarchy in law being rejected by neo-realism, and this amounts to impossibility to identify any legal texts and any legal order. Pfersmann also stresses that normative effects of interpretation are connected not with any factual actions, but with normative structure of a legal order. The author concludes that the neo-realist theory of interpretation meets with failure for lack of a proper object and a coherent method of scientific inquiry.
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/