Методология сравнительного правоведения: материалы конференции
The collection of articles contains materials from the VII International research and
practical conference on topical issues of the functioning of state and legal systems of the
countries in the Asia-Pacific region, as well as issues of legal support for cooperation of
these countries with the Russian Federation. It containsthe articles of scholars and
practitioners from Russia, China, Mongolia, and other states exploring various aspects of
the legislation of the countries in the Asia-Pacific region in the context of current trends in
the development of international law and comparative law.
The collection of articles is intended for scientists, university lecturers, graduate
students and students, as well as for specialists in the field of international law and
In the second half of the 19th century Russian positive law underwent a rapid and profound reform. It is best illustrated by the legislation in the domain of civil law, as one compares the pre-reformed casuistic and inconsistent Svod Zakonov (Digest of Laws) of 1833 and the ‘westernised’ Draft Civil Code of 1905. This transition was largely facilitated by the emergence of a fully-fledged comparative legislation in Russia.
In this paper I investigate the decisive role of Russian legal scholarship in developing a comparative approach using an original synthesis of several streams of European legal thought, namely Savigny’s Historical School, German Pandectism, the French école de l’exégèse, and Jhering’s sociological approach. I argue that such legal scholars as Meyer, Pobedonostsev, Pakhman, Shershenevich, Annenkov succeeded in overcoming the limits of the pre-reformed, literal knowledge of the Svod Zakonov and began to study Russian civil law as part of the law of the ‘civilised nations’ through dogmatic comparison which resembled the comparative legislation in Western Europe.
The evidence for this claim is taken from the main doctrinal works between 1840 and 1910 which represent both streams of comparison and it is analysed in the framework of comparative legal history. Special attention is paid to the contribution of dogmatic comparison in developing the general part of contract law as a recognisable hallmark of civil law in continental Europe which came to be adopted in the doctrinal writings and the draft legislation of the late Russian empire.
The article is devoted to the review of the new school of evidence, formed in the USA in the late 60s of XXth century. The research program of the new school of evidence aims to study not so much the rules of evidence, but the process of proof itself and the specifics of various types of evidence with the involvement of non-legal sciences. The new school is characterized as interdisciplinary. Most scientists are turning to such sciences as psychology, sociology, economics and mathematics. The author analyzes the main directions of research of this school, formed over the past 50 years, summarizes their results.
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/