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Приложение F. Стандарты судебной деятельности (в аспекте управления в судебной системе) (комментарии и рекомендации Киевской конференции)
С. 601–618.
Morshchakova T.
Keywords: верховенство права
Koval S., Социологическое обозрение 2025 Т. 24 № 3 С. 309–327
The article reflects on the idea of the «The Rule of Law» (in the continental tradition «Der Rechtsstaat»; in Russia «pravovoe gosudarstvo») within contemporary debates on the meaning of this concept. The discussion is approached through the work of Jeremy Waldron, a New Zealand–American philosopher and legal theorist, in his recent paper «Thoughtfulness and the ...
Added: October 1, 2025
Zhilkin A., HSE University Journal of International Law 2025 Vol. 3 No. 1 P. 115–127
This commentary examines the key aspects and practical implications of the EU General Court’s decision in Case T-797/22, which concerns the legality of EU restrictive measures prohibiting the provision of legal advisory services to the Russian Government and Russian-based entities; while these measures are broad, they include exceptions allowing legal services essential for exercising the ...
Added: May 15, 2025
Брикульский И. А., Электоральная политика 2024 № 1 (11) С. 1–1
The author explores the issue of legal regulation of remote e-voting (REV) from the point of view of compliance with the principle of the rule of law, as well as the constitutional principles of free elections. The analysis of this material is limited exclusively to the legal framework of the REV. According to the author, ...
Added: February 18, 2025
Martynova E., Sushkov S., Evseev A. P. et al., Журнал ВШЭ по международному праву 2024 Т. 2 № 3 С. 52–63
The article is one of the first attempts to provide a scientific commentary on the Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law of 2024 (hereinafter — the Convention). The authors analyse both general characteristics of the Convention — its legal nature, object and purpose — and ...
Added: December 16, 2024
Alexeevskaya E., Вестник гражданского процесса 2019 № 4 С. 12–30
The Global Sustainable Development Goal 16 of the United Nations’ “2030 Agenda” calls all the countries of the world to ‘promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels’[1]. At the same time, Russian Federation has not come up with ...
Added: August 20, 2024
Alexeevskaya E., Вестник гражданского процесса 2018 № 5 С. 55–66
This article proposes a method for measuring sustainable development as a means of the implementation of the Global Goal 16 of the United Nations Agenda. This method is the primary attempt to quantify the quality of the rules of the judiciary and access to court as a way to monitor sustainable development in the area ...
Added: August 20, 2024
Alexeevskaya E., Вестник арбитражной практики 2018 № 4 С. 3–5
The lack of a uniform understanding of the "judicial system" definition in Russia in the legal literature leads to a budgetary resource dispersion, which, ultimately, negatively affects the quality of justice and, as a result, destabilize the judicial system. Besides, the legal science lacks true comprehension of the Russian judicial system phenomenon, which prevents the ...
Added: August 20, 2024
Oxford: Oxford University Press, 2024.
Added: March 13, 2024
Lesiv B., Судья 2019 № 9(105) С. 32–39
The rule of law implies subordination: in the event of conflict, all must obey the law. However, it is clear that the law is not capable of subjugating free-thinking individuals. That is, the law cannot rule on its own. In fact, the rule of law is implemented by the judiciary. An integral element of the ...
Added: November 20, 2023
Lesiv B., Конституционное и муниципальное право 2018 № 10 С. 70–76
Violation of the human rights by the State is considered in this article as a special form of the constitutional tort. It is not only breach of state’s obligations under the European Convention on Human Rights, but also it is a failure of constitutional duty enshrined in Article 2 of the Constitution of the Russian ...
Added: November 18, 2023
Lesiv B., Сравнительное конституционное обозрение 2020 № 6(139) С. 141–170
Constitution does not just contain simple general phrases, but directly regulates the governmental relations and establishes specific procedure for usage of power. Therefore, this usage cannot be “this or that” - it can only be such as is prescribed or allowed by the Constitution. This formula is designed to minimize the abuse of power, arbitrariness, ...
Added: November 18, 2023
Poldnikov D., Вестник Университета имени О.Е. Кутафина 2022 № 9(97) С. 36–45
Comparative legal studies are still dominated by the ideological American view of successful social development only through institutions that correspond to Western standards of the rule of law. "Non-Western" traditional values and institutions are declared to be the cause of the stagnation of Asian and African societies in the 19th-20th centuries. Yet, the causal link ...
Added: December 15, 2022
Fogelson Y. B., Osteuroparecht 2022 Vol. 68 No. 3 P. 384–405
Added: October 29, 2022
Fogelson Y. B., Сравнительное конституционное обозрение 2022 № 6 С. 132–168
Citizens' trust in their legal system is central to the rule of law. This article continues the study of the social history of law and its influence on trust in law in various societies, begun in our joint with D.Yu. Poldnikov's article on the social history of various legal systems. Here the social history of ...
Added: October 2, 2022
Tsirin A., Севальнев В. В., Журнал российского права 2021 Т. 25 № 9 С. 133–142
In the article devoted to the study of institutional mechanisms for combating corruption in the public service, their author's concept and classification are proposed. The authors considered such anti-corruption mechanisms as declaring the property status of officials of various categories, preventing and resolving conflicts of interest, as well as ensuring compliance with prohibitions, restrictions and ...
Added: August 25, 2022
Raab R., Вестник Российского университета дружбы народов. Серия: Юридические науки 2022 Т. 26 № 2 С. 348–368
The article offers a comprehensive reconstruction of a constitutional reform project, proposed by a well-known economist Friedrich Hayek. The reconstruction implies recognition of three interconnected aspects. The first theoretical aspect deals with the key problem of a democratic government — the problem of empowering parliaments with two dangerously “mixed” powers, namely the power to manage ...
Added: March 14, 2022
Nefedov B., Россия и современный мир 2021 № 3 С. 6–21
The article analyzes problems related to the definition of the concept of «rules» on which the world order is based, concerning the doctrine of «international rules-based order», from the point of view of the general theory of law and the theory of general international law. Special attention is paid to the concept and types of ...
Added: September 15, 2021
Fogelson Y. B., Poldnikov D., Osteuroparecht 2021 No. 2 P. 172–201
The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question ...
Added: August 29, 2021
Poldnikov D., Fogelson Y. B., Сравнительное конституционное обозрение 2021 № 2 С. 59–93
The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question ...
Added: March 29, 2021
Poldnikov D., Труды Института государства и права Российской академии наук 2020 Т. 15 № 6 С. 143–168
The rule of law is widely recognized as a universal value of modern civilization. However, this recognition may in fact be emasculated by a partial or inconsistent implementation. Hence, it is not only the formal recognition of the rule of law that matters, but also the emergence on its basis of a social norm of ...
Added: February 11, 2021
Antonov M., Oxford Journal of Law and Religion 2020 Т. 9 № 3 С. 552–570
Symphony as a legal concept was formulated in Late Antiquity by Justinian I, a famous Byzantine Emperor, in his Novella 6 of 535 C.E., and it is readily utilized by the post-Soviet Russian Orthodox Church as the model of ideal church-state relations even at present. The question we ask in this article is if this ...
Added: February 1, 2021
Fogelson Y. B., Труды Института государства и права Российской академии наук 2020 Т. 15 № 4 С. 81–108
The paper deals with the problem of creating a stable order in Russia
based on the rule of law. So far, all efforts to create it have failed. The instability of the
rule of law in Russia is explained by the fact that attempts to create such a regime were
limited to infrastructure reforms and modern proposals to ...
Added: October 13, 2020
Koval S., Журнал социологии и социальной антропологии 2020 Т. 23 № 1 С. 243–253
У правоведов, политических теоретиков и социальных философов большая радость: теперь мы можем познакомиться с книгой Джереми Уолдрона «Верховенство права и мера собственности» (Waldron 2012) на русском языке. Рецензируемая книга, относящаяся к аналитической философии права, представляет собой материал, прочитанный Уолдроном в 2011 г. в рамках Хемлинских лекций, которые были основаны на средства трастового фонда в 1948 ...
Added: June 21, 2020