Book review: Kathryn Hendley, Everyday law in Russia
The present paper is a review of Everyday Law in Russia by Professor Hendley. The review underscores that Professor Hendley pays attention not only to the texts of positive law: she also examines how the law works in these countries, how it is utilized by legal actors and how it matters to them. Professor Hendley’s analysis includes a detailed empirical perspective of Russian law, which is always informed by relevant sociological data. Among these data are those collected by Professor Hendley herself during her numerous research visits to Russia. In this regard, her work is clearly distinguishable from the works of those Western scholars who propose educated guesses about Russian law without hardly ever visiting Russian courts and other places where Russian law is ultimately shaped and delivered to its recipients.
The author criticizes the neorealist conception of legal interpretation defended by Michel Troper. It is stressed that the neorealist approach to interpretation does not allow proving its own theses from a scientific standpoint. Subjectivist and voluntarist understanding of interpretation leads neorealism to a sociological conception of law. This understanding does not catch the most essential characteristics of legal phenomena.
The book containts articles written by European scholars about the place of socio-economic rights in the modern democracies. The introduction is written by Wiktor Osiatynski, who analyses the confusing concepts of socio-economic rights.
Ce manuel est une première dans la coopération juridique bilatérale entre nos deux pays. Cet ouvrage est destiné à offrir aux étudiants et aux professionnels du droit et de la justice des clés de lecture communes de deux droits souvent donnés comme divergents. L'une de ses richesses majeures est de montrer comment, en dépit de législations, de doctrines juridiques et de pratiques judiciaires différentes, les droits français et russe restent, dans un nombre important de domaines, très proches. Les branches principales des droits public et privé français et russe y sont ainsi abordées les unes à la suite des autres, alternant approches françaises et russes, afin de permettre au lecteur de mieux comprendre le fonctionnement de son propre droit à la lumière du droit de l'autre pays. Plus qu'un instrument de comparaison de nos deux systèmes, ce manuel se veut donc un instrument de coopération juridique entre nos pays, invitant à s'interroger sur ce qui fait le droit et l'identité juridique d'un Etat.
This paper deals with the neorealist theory of interpretation elaborated by the French legal scholar, Michel Troper. The basic theses and problems of this theory, as well as the debates about it are elucidated in the present article. In author’s opinion, an analysis of the neorealist theory allows unveiling many interesting aspects that are important for philosophical assessment of the problem of legal propositions.
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.
In this article the author examines the problems connected with definition of nature of constitutional interpretation. On the base of the cases from the judicial practice, Michel Troper shows that specificity of constitutional interpretation does not reside in particular character of constitution which is the object of interpretation. According to this French theorist who is leader of the school of French legal realism, the particular trait of constitutional interpretation is due to the fact that this kind of interpretation results in constructing a hierarchy of normative acts in a given legal order. Even if such a hierarchy is described in a constitution, it will nevertheless remain hypothetical and subject to changes through an act of constitutional interpretation. Michel Troper insists that a meaning of a legal text cannot be defined prior to interpretation; therefore this legal text will not have any definitive content before being interpreted. The French theorist concludes that a legal norm is not created by the way of legislation — it is created through authentic interpretation of the legislative acts. As authentic interpretation the author holds such construction of a legal text which brings any legally relevant consequences having binding force in this given legal order, there consequences being immune to overruling by any higher instance. Such interpretation can be exercised both by judicial and non-jurisdictional bodies.
The chapter in a monograph gives an insight into the key problems and most recent tendencies of the law and practice of mediation in Russia. Russia already has detailed federal legislation governing mediation. Also, mediation has been practised in Russia for years, even when such legislation was not in force. Furthermore, Russian law governing mediation is in rapid development. Thus current Russian experience can be of interest to legislators and practitioners from many countries which also face problems with case overload in the state courts.
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/