Судебная власть и организация правосудия в условиях чрезвычайных ситуаций: научно-аналитические позиции органов Совета Европы
The positions of the bodies of the Council of Europe (first of all, CEPEJ) on the implementation of justice in an emergency situation are analyzed.
The concept of war has always been fundamental for understanding of politics. But there's still no appropriate war and enemy theory available. I suppose such a theory should focus on the concept of bracketing of enmity. It should use just war theory principles limiting the possibility of armed conflicts and limiting methods applied to war. This approach takes in account both principles of law and justice that treats enemy as necessary part of political existence.
Should the loyal citizen obey unlawful laws? What is the relationship between positive law and justice in the context of rapid social change? By which criteria are we to appreciate them? What are the views of professional lawyers, as well as those of different political opinions: conservatives, liberals, and 'left-wingers'? To clarify the unsolved character of this question, and the growing divorce between positive law and the notion of justice in post-Soviet Russia, the author demonstrates the competitive character and variability of strategies for the juridical construction of reality regarding such key parameters as property relations, national identity, state and the political establishment. He presents his own vision of the rational combination of the legitimacy, legality and efficiency of juridical decisions in order to overcome the conflict of law and justice, legality and efficiency, and political reason and the social ideal.
The article introduce translation of John Rawls's research "The Law of Peoples". This lection was written in 1993 and has not been translated into Russian before. This article analyses the conception of international justice extended by Rawls considering its terminology, methodology and basic points. International justice is explored in correlation with rawlsian fundamental theory of justice. But through the special scope conception of international justice based on liberal values goes beyond liberal societies and gives a framework for transformation of international law and policy.
The article deals with the issues of responsibility in civil procedural law from the point of theory and methodology of the contemporary jurisprudence. The article gives a new interpretation of the system of legal responsibility and the role of the civil procedural responsibility in this system. The mechanism of procedural responsibility is interpreted through the concept of contempt to court.
The article is the first thorough treatment of the ritual "cross-kissing" which was used in medieval Rus' and in Russia until 1917 in politics, administration of justice and private relations.
This book proposes to cast some theoretical and empirical light upon the external dimension of Justice and Home Affairs (JHA) which has become a priority in the European Union (EU)’s external relations. Counter-terrorism, visa policy, drug trafficking, organized crime or border controls have indeed become daily business in EU’s relations with the rest of the world.
The external dimension of JHA is a persistent policy objective of the EU and its member states, as the 1999 Tampere summit conclusions, the 2000 Coreper report, the 2005 Strategy for the External Dimension of JHA, and the integration of JHA chapters under the European Neighbourhood Policy testify.
With an interdisciplinary ambition in mind, this book reflects an attempt to draw together theoretical and empirical insights on the external dimension written by academic scholars that take an interest in questions of JHA and European Foreign Policy (EFP). It does so from an issue-oriented perspective (civilian crisis management, the European Neighbourhood Policy, counter-terrorism policy, visa policy, passenger name record) but also from a geographical perspective with in-depth analysis of the situation in the Western Balkans, Georgia, transatlantic relations and of the Mediterranean neighbourhood.
This book was published as a special issue of the Journal of European Integration.