История и современность: белорусская государственность в восточноевропейском цивилизационном контексте: сборник научных работ, посвященных 90-летию со дня рождения профессора И.А. Юхо
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
A number of puzzles surround Kelsen’s doctrine of the normativity of the law. What, exactly, does it mean? Some writers in analytical jurisprudence have attributed a “justified” or “contentual” normativity thesis to Hans Kelsen. One representative of this view, Joseph Raz, goes so far as to claim that the “justified normativity thesis” defended by Kelsen is an expression of traditional natural law theory. In the present essay it is argued that a “justified” or “contentual” normativity thesis forms no part of Kelsen’s theory, and the point is demonstrated textually. Rather, Kelsen defends a “modal” normativity thesis. Support for this thesis in Kelsen’s writings is drawn from Kelsen’s analogy between causality in the physical sciences and peripheral imputation in the law. The latter, as Kelsen argues, provides the underlying Gesetzlichkeit of the law,* and one explication of the notion, explored in the present essay, draws on a Neokantian notion, namely, Heinrich Rickert’s doctrine of methodological forms. The modal normativity thesis underscores the irreducible character of the law, but without making any claims respecting the content of the law.
This paper characterizes importance and the principal possibilities of application of the theory of normative systems to the problems of legal theory and of logic of norms.
This article is devoted to the Digest of the Laws of the Russian Empire – an embodiment of the operative legal system in late imperial Russia. Even though the Digest contained the law in force, and thus should be studied as a crucial source on Russian (legal) history, its meaning has been often overlooked. The reason for that is a remarkable difference between the original texts of laws adopted by the legislator, and their published form in the Digest. This difference came from the necessary editing procedures when every new piece of legislation was included in the existing system of the Digest. This strange feature of legal procedure when two different versions of a particular law – the original one and the one codified in the Digest – both remained in force should be considered as a part of official autocratic legality in late imperial Russia. Even though it may seem inefficient and irrational, the practice of obligatory codification of laws in the Digest existed for a rather long time – from 1835 until 1917. My research aims to find possible explanations for the Digest’s prolonged existence in the context of political and legal culture of late imperial Russia. What did Russian ‘official legality’ actually mean on the levels of theory and action?
The article is dedicated to historical analysis of crimes committed on securities market till the 20th century. Important part of the article is indication of economic conditions. Thanks for it the meaning of legal acts becomes clear. The author concludes on existence the developed securities market and necessary criminal rules to its protection.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
This special publication for the 2012 New Delhi Summit is a collection of articles by government officials from BRICS countries, representatives of international organizations, businessmen and leading researchers.
The list of Russian contributors includes Sergei Lavrov, Foreign Minister of Russia, Maxim Medvedkov, Director of the Trade Negotiations Department of the Russian Ministry of Economic Development, Vladimir Dmitriev, Vnesheconombank Chairman, Alexander Bedritsky, advisor to the Russian President, VadimLukov, Ambassador-at-large of the Russian Foreign Affairs Ministry, and representatives of the academic community.
The publication also features articles by the President of Kazakhstan NursultanNazarbayev and internationally respected economist Jim O’Neil, who coined the term “BRIC”. In his article Jim O’Neil speculates about the future of the BRICS countries and the institution as a whole.
The publication addresses important issues of the global agenda, the priorities of BRICS and the Indian Presidency, the policies and competitive advantages of the participants, as well as BRICS institutionalization, enhancing efficiency and accountability of the forum.
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