Право и справедливость в политических дебатах постсоветского периода
Should the loyal citizen obey unlawful laws? What is the relationship between positive law and justice in the context of rapid social change? By which criteria are we to appreciate them? What are the views of professional lawyers, as well as those of different political opinions: conservatives, liberals, and 'left-wingers'? To clarify the unsolved character of this question, and the growing divorce between positive law and the notion of justice in post-Soviet Russia, the author demonstrates the competitive character and variability of strategies for the juridical construction of reality regarding such key parameters as property relations, national identity, state and the political establishment. He presents his own vision of the rational combination of the legitimacy, legality and efficiency of juridical decisions in order to overcome the conflict of law and justice, legality and efficiency, and political reason and the social ideal.
The article concentrates on Chicherin, a Russian philosopher and lawyer, and his views on the correlation between liberty, law and morality. The author comments on Chicherin's ideas in the context of other views existing at the turn of the 19th and the 20th centuries. These are the views of such representatives of the Russian socially political, legal and philosophical ideas as Kavelin, Novgorodtsev, Struve, Alekseev and others, including modern researchers. Special reference is maid to Chicherin and Solovyov's polemics, which is important step in the history of Russian philosophy. Pointing out a constant connection between law and morality, that often complement each other on the basis of common values, Chicherin strongly insisted on differentiating between these notions. He was sure that the only way to a moral ideal was freedom, not an outward compulsion. And our past historical experience is the best confirmation of this idea. The work also focuses on the fact that the peculiarity of Russian law philosophy is its concentration on the questions of morality and law, the attempt of becoming closer to a moral ideal.
Arguing about the juridical nature of the decisions of the Constitutional Court of the Russian Federation, taken in particular constitutional review, the author of this article concludes that the acts in question constitute a normative interpretation case law, equal in their legal power to forceverifiable the rules and have in some cases retroactive.
The article examines the role of an abstract interpretation of acts of the highest courts in the context of the unity of judicial enforcement, due to the need to implement the constitutional prohibition of discrimination enshrined in the administration of justice. Arguing about the validity of acts of abstract interpretation, the author concludes that their binding may be deemed constitutionally justified only if the current system of legal regulation in the mechanism of denial of constitutional jurisdiction.
The Valdai Discussion Club presents its new paper, “National Identity and Russia’s Future,” based on the discussions at the club’s 10th anniversary conference in September 2013 and subsequent work of the expert groups. The paper, written by the young scholars Anastasia Likhacheva and Igor Makarov of the National Research University – Higher School of Economics, attempts to answer the most fundamental of questions: Who are the Russians, and what does their future hold? Authors, who were overseen by Sergey Karaganov, Honorary President of the Council of Foreign and Defense Policy, lay out their views on Russia’s national identity in a way that transcends the traditional academic framework and leaves room for a free and wide-ranging discussion.
In this paper the differences and the similarities of formation of legal traditions in the Medieval Europe are examined. The author analyzes the impact of these differences on the consequent development of legal mentality and legal identity in Russia and in the Western Europe.
This work investigates various aspects of Russian-German relations today. It analyzes the bilareral dialog between the two states, addresses the portrayals and perceptions of Russia and Germany, looks at social and political practices in the two states and presents a comparative perspective of these issues.
This book proposes to cast some theoretical and empirical light upon the external dimension of Justice and Home Affairs (JHA) which has become a priority in the European Union (EU)’s external relations. Counter-terrorism, visa policy, drug trafficking, organized crime or border controls have indeed become daily business in EU’s relations with the rest of the world.
The external dimension of JHA is a persistent policy objective of the EU and its member states, as the 1999 Tampere summit conclusions, the 2000 Coreper report, the 2005 Strategy for the External Dimension of JHA, and the integration of JHA chapters under the European Neighbourhood Policy testify.
With an interdisciplinary ambition in mind, this book reflects an attempt to draw together theoretical and empirical insights on the external dimension written by academic scholars that take an interest in questions of JHA and European Foreign Policy (EFP). It does so from an issue-oriented perspective (civilian crisis management, the European Neighbourhood Policy, counter-terrorism policy, visa policy, passenger name record) but also from a geographical perspective with in-depth analysis of the situation in the Western Balkans, Georgia, transatlantic relations and of the Mediterranean neighbourhood.
This book was published as a special issue of the Journal of European Integration.
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.