Исламское право в современном научном дискурсе
This article deals with the problem of a discrepancy between the law and rights as the concepts of Islamic legal thought and modern science. A proposed solution suggested by the author is to examine the approaches towards these concepts existing in the modern legal science. In addition, this work provides a number of examples of the law and rights’ interpretation in Islam. This article is an interdisciplinary study of rights, Islamic legal culture, Sharia and Fiqh through the prism of Islamic knowledge, legal theory and legal policy.
The book consits of the articles on the history, theory and philosophy of comparative law in Ukrainian and Russian.
The article is dedicated to the functioning of the law and local government system which was created by the Ottomans to control their Balcan lands. Local conflict management is considered in the multiethnic and multiconfessional environment. The paper also focuses on the synthesis of secular and Islamic traditions in Ottoman legislature, as well as the way law influenced the historical development of the Balcan nations.
Article devoted to analysis the role and significance of Tatar-born Russian officials in gathering information about state and law of the Central Asian khanates – Bukhara, Khiva, Khoqand in the 18th-19th cc. on the examples of M.Bekchurin, M.Aitov and I.Batyrshin. All of them served as officials of the Orenburg Frontier Commission, two of them were diplomats in Bukhara and Khiva, last one contacted with informers from abovementioned khanates. The common feature for them was that they were Turks and Moslems. Firstly that fact provided Central Asian population’s sympathies to them (including favor of representatives of the ruling elites of the khanates) and gave an opportunity to gather more useful information. Secondly, as representatives of the Turkic-Islamic culture they could better understand and estimate the level of political and legal development of the Central Asian khanates and prepare impartial reports for their chiefs. Also it’s necessary to notice that their affiliation with Turkic-Islamic world didn’t influence on quality of fulfillment of missions by such officials: they tried all ways to contribute to realization of the Russian policy in the Central Asia and advance of the Russian Empire in this region.
Recently, the state taken various measures to protect the rights of citizens who use the various types of transportation, namely air, road and rail. In turn, the legal status of the passenger includes a number of rights and obligations, which legal regulations are in need of improvement. As practice shows, to date, more frequent non-standard rights violations during transportation of passengers and active use of the citizens of judicial and extrajudicial protection of their rights. This paper is devoted to these issues and graduate student of the Department of Private International Law, Faculty of Law of the National Research University «Higher School of Economics» Kasatkina A.S. considering these issues.
This paper characterizes importance and the principal possibilities of application of the theory of normative systems to the problems of legal theory and of logic of norms.
The article provides a comparative legal of the nature of social danger with other criminal law and civil phenomena. It proves that social danger is correlated with law and pertains exclusively to criminal law. The author suggests that harm should be distinguished from social danger which has institutional rather than predicate importance from criminal law.
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/