«Закон» и «Гражданин» в России второй половины XVIII века: очерки истории общественного сознания.
The book reveals the legal concepts of Russian society during the reign of Catherine the Great. The author analyzes the complex interrelationship between autocratic tradition and European enlightenment. She makes clear the concepts of the notions of the Russian language of the second half of the 18th century. This method allows us to trace the development of the institutions of and citizenship and subjection in Russia. The study is based on a wide range of sources - legislation, journalism, diaries, correspondence, memoirs, petitions and fiction. Elena Marasinova is the author of books on the history of the consciousness of the Russian nobility and the political history of Russia in the 18th century.
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 book is devoted to problems of legislative, theoretical and judicial defining of subject of economic crimes in Russian and German criminal law in connection with legal persons. The authors analyze the current theoretical conceptions and case law and formulate proposals for improvement of present approaches. The special attention is given to liability of competitive manager for crimes committed in course of bankruptcy.
The object of study in this article is the socialization of the Freudian subject (individual) in the philosophical theories of French poststructuralists. The paper focuses primarily on the postfreudianism of Jacques Lacan, the desexualization of libido in his theory of symbolic, and the desidentification of I in the schizoanalysis created by Gilles Deleuze.
The article deals with the influence of Spanish Constitution in 1812 to constitutional ideas and projects of the Decembrists. It is represented in the historical context of the interest to foreign constitutional experience of Russian society in the first quarter of the XIX century. The author analyzes the impact of the Constitution of 1812 to the ‘Russkaya Pravda” (Russian Truth) written by P.Pestel, one of the leaders of the Southern secret society, which is detected in borrowing some ideas for the design of the constitutional and legal institutions. Particular attention is given to the constitutional draft of N.Muraviov, a member of the Northern secret society. All three editions of his projects were influenced by the Constitution of 1812. It is noticed in following: first, in the literal reproduction of the two articles of the Spanish law in the first and second editions, and secondly, the Spanish experience was borrowed in all three editions of the project to formalize various constitutional institutions (the status of the emperor, the right to vote and others).