Formalism, Decisionism and Conservatism in Russian Law
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
This article analyzes the peculiarities of Russian legislation on Indigenous Peoples of the North and its application in practice over the past 20 years. The author identifies several phases of development of this legislation and its current status, and formulates proposals for improvement of the “indigenous” legislation and related enforcement practices.
This article is the introduction to the special issue of the Review dealing with current trends in development of Russian law
The chapter gives an overview of the development of early modern Russian law. During this period, Russian law was undergoing a definite modernization which intensified in the seventeenth and, particularly, in the eighteenth century. The law became more rational, predictable and efficient. Russia actively engaged in codification and systematization of law, and that led to the more regular application of procedure and better lawyering. Russian law quickly adapted to the social, economic and political challenges, as it was under constant revision. Legal rules became more uniform and unvarying in their application. The Russian legal system grew to be hierarchical and bureaucratic, staffed by professionals via either practice or education. Due to these changes, the legal reforms of the nineteenth century allowed the Russian Empire to become a Rechtsstaat, although it was widely criticized and often even denied by contemporaries and scholars.
Ce manuel est une première dans la coopération juridique bilatérale entre nos deux pays. Cet ouvrage est destiné à offrir aux étudiants et aux professionnels du droit et de la justice des clés de lecture communes de deux droits souvent donnés comme divergents. L'une de ses richesses majeures est de montrer comment, en dépit de législations, de doctrines juridiques et de pratiques judiciaires différentes, les droits français et russe restent, dans un nombre important de domaines, très proches. Les branches principales des droits public et privé français et russe y sont ainsi abordées les unes à la suite des autres, alternant approches françaises et russes, afin de permettre au lecteur de mieux comprendre le fonctionnement de son propre droit à la lumière du droit de l'autre pays. Plus qu'un instrument de comparaison de nos deux systèmes, ce manuel se veut donc un instrument de coopération juridique entre nos pays, invitant à s'interroger sur ce qui fait le droit et l'identité juridique d'un Etat.
The coursebook is designed for undergraduate law students specializing in the following spheres of law: Russian law, International Law, Comparative Law, whose native language is other than English. The Level of English before starting the course is supposed to be not lower than B1-B2 according to the CEFR. The book is aimed at developing academic and professional English skills. In in other words, prospective students are supposed to learn the English language used in special contexts (academic and professional). Thus, the primary objective is not to explain the system of law (either domestic or foreign), but to teach students to critically analyze the material related to it and to communicate at the university level and inside the profession, where students need to be prepared to listen to lectures in English, read academic and legal texts, produce different types of texts (paragraph, summary, essay, case brief), do research and present its result (in oral and written form).
To achieve its objectives the book puts stress on academic, professional and communicative skills. The academic component is realized through mastering critical thinking skills, search for information skills, note-taking skills, comparing and contrasting skills. The professional component is realized through case studies, reading legal texts, genre writing. In accordance with students’ academic and research needs the book is provided with specific vocabulary for Russian legal realia and activities to practice it. Communicative skills are developed through pairwork, groupwork and teamwork activities. The illustrative examples have mostly been taken from the British National Corpus and the Corpus of Contemporary American English.
The book can be used both in class and individually. It can be suggested as an additional course book for first or second year students.
The report addresses the methodological challenge of studying judicial reasoning in a Codified Systems of such Western countries as France and Germany in the 19th century and Russia in the late 19th early 20th century. The difference in style of Western European and Russian decision should be explained by taking into account national legal consciousness along with black letter rules of the codes and statutes.
The chapter in a monograph gives an insight into the key problems and most recent tendencies of the law and practice of mediation in Russia. Russia already has detailed federal legislation governing mediation. Also, mediation has been practised in Russia for years, even when such legislation was not in force. Furthermore, Russian law governing mediation is in rapid development. Thus current Russian experience can be of interest to legislators and practitioners from many countries which also face problems with case overload in the state courts.
This is a book review of Bill Bowring's Law, Rights and Ideology in Russia.
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/