международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
Added: Oct 1, 2012
The article describes and analyzes the legislative politics of revolutionary regimes in Russia in 1917-1918. The author aims to demonstrate the political meaning of the form of early Soviet legislation and its legitimizing effect. The revolutionary legislators often used specific language in the new laws as a vehicle of legitimacy, i.e. to make the people comply. The two main types of legal language used by the Bolsheviks can be interpreted from the perspective of different types of legitimacy. The revolutionary strategy used propagandistic legislation, written in the language of lay people, which urged them to act according to the new law. It can be seen as a request for acts of the people to legitimize the soviets. On the contrary, the traditional strategy employed old bureaucratic means of writing and distributing legislation to the local soviets. The language used by this strategy was closed to the understanding of a lay audience and implied traditions of obeying the law written in familiar legal language, which in turn implied rational/legal legitimacy. The second strategy had already become dominant after the first months of the Bolshevik revolution. This observation demonstrates that from the very beginning of their rule, Soviet leaders approached legislative policy from a technocratic point of view, which determined the further development of Soviet legal theory and practice.
Added: Jul 20, 2012
Прошко П. В. Законодательство и экономика. 2013. № 5. С. 49-54.
Added: Sep 24, 2013
This article investigates the concept of “comity”, discussed by Ulrich Huber (Dutch scholar of the XVIIth century). This author is the most typical representative of the Dutch theory of the conflict of law. Huber’s writings primarily reflected the doctrine of comity, which is the basis of the Dutch school statutes. This article concludes that all Huber’s axioms have entered modern doctrine and court practice (especially in common law countries). Huber is the founder of the “national theory” of conflict rules and, at the same time, the founder of “international theory” in the private international law.
Added: Apr 2, 2013
М.: Российский экономический университет имени Г.В. Плеханова, 2011.
Added: Dec 14, 2012
Task: currently interest in the study of historical aspects related to the formation of various legal institutions is increased. The least explored issues in the development of international law and international private law, including the article presents historical and legal analysis of the process of legal registration system of international relations in private law sphere, including with the direct participation of the Russian state.
Model: the study of historical and legal analysis of the process of formation of private international law in the Imperial period with the participation of the Russian state, based on primary sources: international legal instruments (treaties) concluded by Russia with different States for a specified period of time and acts of internal legislation regulating the corresponding sphere, and also the scientific works devoted to the study of relevant issues.
Conclusions: the Conducted historical and legal analysis, identified the main issues which have been subject to legal regulation in the international private law of the relevant period and identifies trends associated with the process of formation of private international law, describes the legal consolidation of the relevant provisions of the international treaties concluded by various, mainly European States as well as the ratio of provisions of international law acts of the Russian legislation.
Frameworks of research/possibility of subsequent use of results of scientific work: the study is limited to the time frame and scope of private international law that can be extended from the point of view of the chronological framework and areas of cooperation.
Social consequences: In systematic form, with links to primary sources, describes the process of becoming legal registration of interstate relations in the field of private law within a specified period of time, which makes a contribution to the study of the history of international law in General, including relevant political and legal processes.
Originality/value – the work can be used to study the history of state and law, private international law and other Sciences.
Added: Feb 25, 2016
Лушина Л. А. В кн.: Кодификация законодательства: теория, практика, техника: Материалы Международной научно-практической конференции (Нижний Новгород, 25–26 сентября 2008 года). Н. Новгород: Нижегородская академия МВД России, 2009. С. 765-772.
Added: Mar 1, 2013
Пишина С. Г. В кн.: Кодификация законодательства: теория, практика, техника: Материалы Международной научно-практической конференции (Нижний Новгород, 25–26 сентября 2008 года). Н. Новгород: Нижегородская академия МВД России, 2009. С. 332-336.
Added: Mar 11, 2013
Руднев М. Г. В кн.: Социологические этюды: сборник статей аспирантов. Вып. 2. М.: Институт социологии РАН, 2009.
С. 113-123.
Added: Oct 13, 2013
This article is devoted to the Digest of the Laws of the Russian Empire – an embodiment of the operative legal system in late imperial Russia. Even though the Digest contained the law in force, and thus should be studied as a crucial source on Russian (legal) history, its meaning has been often overlooked. The reason for that is a remarkable difference between the original texts of laws adopted by the legislator, and their published form in the Digest. This difference came from the necessary editing procedures when every new piece of legislation was included in the existing system of the Digest. This strange feature of legal procedure when two different versions of a particular law – the original one and the one codified in the Digest – both remained in force should be considered as a part of official autocratic legality in late imperial Russia. Even though it may seem inefficient and irrational, the practice of obligatory codification of laws in the Digest existed for a rather long time – from 1835 until 1917. My research aims to find possible explanations for the Digest’s prolonged existence in the context of political and legal culture of late imperial Russia. What did Russian ‘official legality’ actually mean on the levels of theory and action?
Added: Aug 27, 2012
The aim of this study is to compare the sociodemographic events marking the transition to adulthood in France, Estonia and Russia: first leaving parents, completion of education, first partnership, first marriage and first childbirth. We used the first waves of the Generations and Gender Survey for these three countries and an advanced method – Sequence Analysis. According to the Second Demographic Transition Theory, we expected a convergence in the sequencing, timing and tempo of the occurrence of target events. The results showed the slow convergence of sequences, but not of timing and tempo. Estonia and Russia are still close in the timing of the occurrence of events, but in tempo Estonia and France are more alike. The ages at which people start families in Estonia and Russia have decreased in younger generations in comparison with older ones, despite our expectation that they would increase. For the youngest generation (1970s), the time between leaving parents and becoming a parent is 5-7 years in France, 4-6 years in Estonia and 2-3 years in Russia. The sociodemographic behaviour of Estonians clearly positions them between Europe and Russia. Thus, the comparison of France, Estonia and Russia only partially confirms the Second Demographic Transition Theory.
Added: Dec 3, 2017
Edited by: В. Быченков Калуга: КФ РПА Минюста России, 2010.
Added: Dec 14, 2012
Mayanskiy E. arxiv.org. math. Cornell University, 2013. No. 5150.
We list all finite abelian groups which act effectively on smooth cubic fourfolds.
Added: Nov 19, 2013
Тенилова Т. Л. Юридическая техника. 2009. № 3. С. 309-316.
Added: Dec 12, 2012
Edited by: М. М. Рассолов Кн. 1: Проблемы теории и истории государства и права. М.: РПА Минюста России, 2010.
Added: Dec 14, 2012
Totyev K. Y. Law. LAW. Высшая школа экономики, 2014
This article is devoted to the legitimation and application of the standards of ex post and ex ante by courts and the executive authorities in the sphere of competition regulation. The postulates of ex post and ex ante are considered as legal principles. The principle of ex post is intended solely for judicial and administrative application; it has a deontological framework; it assumes that the legality of the activity of economic entities is assessed only on the basis of positive legal criteria in terms of the subjective rights violated; it is limited to a particular case. The traditional approach to the principle of ex post limits the scope of its application on the subjects and excessively expands its objects. The postulate of ex ante has a utilitarian basis which assumes the assessment of the application of relevant rules in the future. One of the main aims of the article is to refute the common view of lawyers and economists that a legislator applies principle of ex ante not being bound by principle of ex post, while it is the other way around for the courts and the executive authorities. The principle of ex ante may be applied not only in the process of the creation of new rules but also at the application stage for existing rules on economic competition. This is justified because the arguments of the courts and the executive authorities about a refusal to take into account the consequences of a decision in a particular case are not convincing.
Added: Apr 17, 2014
Edited by: А. М. Аблажей, Н. В. Головко Новосибирск: Новосибирский государственный университет, 2012.
Added: Jan 21, 2013
Храмова Т. М. Конституционное и муниципальное право. 2012. № 7. С. 10-16.
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.
Added: Jan 10, 2013
This article analyzes the usage of legislation as a legal source in the Russian Empire through the phenomenon of the publication of law. The author argues that the absence of separation of executive, legislative and court powers had definite negative effects for lawmaking and enforcement. The legislative politics of Russian emperors could be analyzed using Jürgen Habermas‘ concept of ―representative publicness‖ (representative öffentlichkeit): to a large extent, the tsars considered law as both an assertion of authority and a means of governing. Their actions towards strengthening legality in the state (i.e. the compulsory publication of legislation) were in essence symbolic or theatrical. In fact, since the separation of laws from executive acts did not exist in imperial Russia, the legislation was published (or stayed unpublished) exclusively for state administrators. The conflict in conceptions of legality between state and civil actors in the second half of the nineteenth century was not of a merely political nature. The article demonstrates that there was a public demand for publication of legislation; insufficient accessibility of legal information negatively influenced social and economic development in imperial Russia.
Added: Jul 20, 2012
Гринев В. П. М.: ГАСИС, 2008.
Added: Nov 14, 2013
Белый А. В. ЭКО. 2010. № 6. С. 97-114.
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
Added: Oct 4, 2012
Рябинин А. Л. Права человека в современном мире. WP18. НИУ ВШЭ, 2012. № 02.
Added: Jul 24, 2012