The Digest of Laws of the Russian Empire: the Phenomenon of Autocratic Legality
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 main focus of this paper is the analysis of problems in the field of legislative regulation of the international abduction of children in Russia as well as of the perspectives and obstacles of the implementation of the Convention on the Civil Aspects of International Child Abduction. Russia acceded to the Convention one year ago. Author aims to study the progress achieved during this period in the field of setting the mechanisms prescribed by the Convention and in bringing Russian legislation in the conformity with standards stipulated in the Convention.
This Chapter describes the history of social security legislation development abroad and presents both classical and modern models of social security in foreign countries.
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 idea of ligalization of bribe giving for certain types of bribes was expressed by K. Basu in 2011 and got a name Basu proposal. In this paper we discuss effects that can be caused by the direct implementation of this proposal. Our game-theoretic model shows that while legalisation of certain bribe-giving occurances can lead to some positive consequences, it is not always a good idea to return bribe to the bribe-giver as suggested by Basu. The chance to get the paid bribe back increases the amount of bribes that end up in corrupt officials' pockets.
The study dwells on the problem of interaction between North American legal doctrine and codifications of private international law in the state of Louisiana and the Province of Quebec. Covering both classical and modern USA schools of thought in the area of conflict of laws, the article also includes a comparative analysis of Book IV (Conflict of Laws) of Louisiana Civil Code and Book X (On private international law) of Quebec Civil Code respectfully. On comparing these acts, the authors dwell on a thesis that, in spite of the obvious similarities between respectful legal systems, one cannot state undoubtedly that American doctrine of private international law has been recepted by abovementioned codifications in equal measure. Therefore, despite all the similarities, the doctrinal traditions on which they are respectfully based are actually different.
The vollume addresses the modern history of legality principle – central to all western legal systems. Contributions provide comparative look at various parts of the Western world, including Argentina, Finland, and Russia, in order to reveal the common path of legality principle development and its local variations.
This project is an attempt to challenge the canonical gender concept while trying to specify what gender was in the medieval and early modern world. Despite the emphasis on individual, identity and difference that past research claims, much of this history still focuses on hierarchical or dichotomous paring of masculinity and femininity (or male and female). The emphasis on differences has been largely based on the research of such topics as premarital sex, religious deviance, rape and violence; these are topics that were, in the early modern society, criminal or at least easily marginalizing. The central focus of the book is to test, verify and challenge the methodology and use the concept(s) of gender specifically applicable to the period of great change and transition. The volume contains two theoretical sections supplemented by case-studies of gender through specific practices such as mysticism, witchcraft, crime, and legal behaviour. The first section, "Concepts", analyzes certain useful notions, such as patriarchy and morality. The second section, "Identities", seeks to deepen this analysis into the studies of female identities in various situations, cultures and dimensions and to show the fluidity and flexibility of what is called femininity nowadays. The third part, "Practises", seeks to rethink the bigger narratives through the case-studies coming from Northern Europe to see how conventional ideas of gender did not work in this particular region. The case studies also challenge the established narratives in such well-research historiographies as witchcraft and sexual offences and at the same time suggest new insights for the developing fields of study, such as history of homicide.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.