Научные труды. Российская академия юридических наук.
The book presents the articles of the joint XVII International Scientific and Practical Conference "Ensuring the Rights and Freedom of the Individual in the Modern World", held on November 23-24, 2016.
The article focuses on the implementation of labour rights of employees in the process of collective redundancies in foreign countries. It is proposed to use positive foreign legal experience, for example, the reemployment of former employees. It is optimal to set a time limit that has expired since the dismissal day.
The subject of the article is collecting as a socio-cultural phenomenon. The author of the article aims to discover philosophical-anthropological premises for the Western cultural tradition to show individual collectors in a bad light and to speak of them as fanatics, speculators and maniacs. Being an inadequate reflection of the reality, this tradition is encouraged by a number of economic factors defining peculiarities of popular culture. However, initially this tradition is based on Freudian methdology of choice and analysis of cultural phenomena. Implementation of this scheme is viewed as mythologisation and the main systematically important element thereof, the sublimation theory, is qualified as a pseudo-scientific myth. The basic research method used by the author is the critical analysis of historical and philosophical texts and social-phenomenological study of social and cultural phenomena at the empirical and theoretical levels. As part of his historical and philosophical excursus, the author of the article offers to view Sigmund Freud's sublimation theory as viewed by Max Scheler. Rejecting vulgar interpretations of the sublimation theory as 'spiritual alchemistry', Max Scheler still found the rational kernel in Freud's theory. The author of the present article assumes that this is the point of coincidence of the two philosophers which allows to speak of the influence made by Freud on metaphysics of late Scheler. Following the idea of Karl Marx on 'spontaneous activity', the author of the article concludes that collecting is an expression of freedom, active self-realization of human in his leisure time, and a form of active self-fulfiment of personality in a society. To the author's opinion, a collector can be referred to neither Freud's homo libidinosus, nor to Nietzsche's homo politicus, nor to Marx' homo oeconomicus. Just like any other subject of a cultural practice, collector is encouraged by spiritual aspirations and appetences rather than the three basic existential forces named above. These spiritual aspirations and appetences are dictated by values, ideals and cultural standards. They cannot be reduced to none of these forces, neither do they consistute all of them altogether.
This monograph is dedicated to both theoretical and practical problems of joint application of International Humanitarian Law and International Human Rights Law norms in armed conflicts. Special emphasis is made on the contradictions between norms of both branches of International Law in the sphere of protection of right to life and right to liberty. Conclusions made by the author are based on the analysis of norms of International Law, practice of their application by international organizations and states, decisions of the International Court of Justice, The UN Human Rights Committee, The European Court of Human Rights, The Inter-American Commission and Court of Human Rights, The African Commission on Human' and Peoples' Rights, international and mixed criminal courts and tribunals, as well as legal literature.
Theoretical inquiries of the author have continued since the first edition of the monograph has been published in 2015. In particular, an emphasis has been made on the possibilities of integration between norms of International Humanitarian Law and Human Rights Law, which derive from the structure of subjective public rights and can be deduced from relationship between derogation from human rights obligations and limitation of human rights. Economic, social and cultural rights in armed conflicts have been analyzed in more depth. Moreover, as practice of international judicial and quasi-judicial bodies is still continuing to develop, the new edition of the monograph takes into account all new decisions.
The range of the subjects for study and research available to law students at universities and law schools has been extended over the recent years. To large extent, those newly in troduced disciplines and areas of learning cover a relatively limited scope of subjects which are related to the major, "foundation" courses. However, a development of the professional orientation in the study of law and legal research, as well as a shift towards a new frameworkof professional law education also require diversification of specific subjects. Therefore, the purpose of this article is to outline the International TaxLaw course and its potential as a separate discipline for study and research.
международное налоговое право, международное налогообложение, предмет и методы науки, ЮРИСПРУДЕНЦИЯ, International TaxLaw, international taxation, subject matter and methods of research, legal studies
The author analyzes the features of the Russian law school, in particular, considering the difference in the interpretation of the "rule of law" and "law-bound state" concepts , the differences in lawyers mentality and circumstances of the experts selection process in competent state bodies.
As an example of the interpretation differences the author provides a detailed analyzes of the Russian Constitutional Court decision on the constitutionality of the treaty between the Russian Federation and the Republic of Crimea on the adoption of the Republic of Crimea to the Russian Federation and the formation of new subjects within the latter.
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/