The Government and Bandits: Similarity and Difference in Theory and in Russian Practice
Liberal reforms of the 1990s in Russia were accompanied by the appearance and active growth of illegal violent structures. In 2000s yeas of illegal power structures practically disappeared. What brought them back to life and what were the reasons for their disappearance? Does their disappearance mean the victory of the government as a warranton of law and order and of contract law? What is the evolution of violent entrepreneurs in Russia?
The article examines the contents, criteria and characteristics of the principle of reasonableness in contract law. The author summarizes the materials of judicial practice and determines the main trends in the application of the principle of reasonableness by the courts.
The paper examines an inconspicuous influence of the legacy of classical natural law of the 18th century on Russian dogmatical jurisprudence of civil law taking as an example the authoritative “Course on civil law” (1868-1880) by an outstanding Russian statesman and scholar Konstantin Pobedonostsev. Despite the dogmatical purpose of the course and hostility of its author towards European liberal doctrines of natural law, some striking similarities between them could be found, especially in general provisions and principles of contract law, the method of its exposition and inevitable recourse to justice and supra-positive ideal.
Generalized contract law is believed to be a distinctive feature of civil law elaborated by modern legal scholars on the Continent. Sharia and common law lawyers were unwilling to transit from casuistry to generalities without the influence of the Continental authors. Is this also true for Eastern Europe with its specific legal tradition? The article examines the role of legal science in modernizing Russian contract law through generalization of its casuistic provisions in a framework of a general theory of contract during the long 19th century. On the basis of a variety of academic publications of that period, revisited with the methods of comparative legal history, the author reviews the initial and the advanced phases of this transformation, reveals its sources in German and French legal scholarship, analyses multiple arguments in favor of such a generalization grouped together around the scientific, the didactic and the practical goals, and uncovers the implicit meaning of each of these goals with the help of deeper analysis against the cultural background, in contrast to German and French jurisprudence of the same period.
This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice.
The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.
Several approaches to the concept of fatherhood present in Western sociological tradition are analyzed and compared: biological determinism, social constructivism and biosocial theory. The problematics of fatherhood and men’s parental practices is marginalized in modern Russian social research devoted to family and this fact makes the traditional inequality in family relations, when the father’s role is considered secondary compared to that of mother, even stronger. However, in Western critical men’s studies several stages can be outlined: the development of “sex roles” paradigm (biological determinism), the emergence of the hegemonic masculinity concept, inter-disciplinary stage (biosocial theory). According to the approach of biological determinism, the role of a father is that of the patriarch, he continues the family line and serves as a model for his ascendants. Social constructivism looks into man’s functions in the family from the point of view of masculine pressure and establishing hegemony over a woman and children. Biosocial theory aims to unite the biological determinacy of fatherhood with social, cultural and personal context. It is shown that these approaches are directly connected with the level of the society development, marriage and family perceptions, the level of egality of gender order.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.