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Of all publications in the section: 75
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Working paper
Leonid R. Sykiainen. Law. LAW. Высшая школа экономики, 2015. No. 60.
The preprint deals with analysis of theoretical foundations of institutions of Sharia justice and place occupied by Sharia courts in modern Muslim states. The practices of contemporary Sharia courts in Western countries, especially in UK and Canada is discussed. The main attention is paid to history of Sharia courts in Russia as well as modern practices of their creation and functioning. The author concludes that new Russian legislation on private arbitration tribunals and mediation procedure excepts in principle creation of institutions of dispute resolution which use some elements of Sharia model of justice
Added: Dec 31, 2015
Working paper
Tumanova A. S. Law. LAW. Высшая школа экономики, 2013. No. WP BRP 25/LAW/2013.
This paper examines the doctrine of subjective public rights, which was developed by the legal phi-losophies of Russian Liberalism in Late Imperial Russia. This doctrine caused a revolution in the consciousness of law and order of the intellectual elite of the Russian Empire and influenced the liberation movement, the content of programs and activities of liberal political parties, and the State Duma of the Russian Empire. This paper is of interest to legal historians and historians of legal teachings, law theorists, and historians of intellectual thought. It is based on a wide range of sources, including scientific and journalistic works of liberal-minded Russian legal theorists, such as Pavel Novgorodtsev, Vladimir Gessen, Bogdan Kistyakovsky, Maksim Kovalevsky, and others, many of whom are for the first time introduced into scientific use in relation to the study of subjec-tive rights.
Added: Sep 30, 2013
Working paper
Yalbulganov A. A. Law. LAW. Высшая школа экономики, 2017. No. WP BRP 75/LAW/2017.
Added: Oct 19, 2017
Working paper
Antonov M. Law. LAW. Высшая школа экономики, 2015
The subject-matter of this article is the “systemacity of law” concept and its methodological feedback. Continuing a series of articles on this subject, the author focuses on the internal rationality of claims about systemic character of law. This rationality is embedded in the legal thinking of Modernity and reveals itself in the belief in rational nature of law. According to this style of legal thinking, such internal rationality impedes law from being chaotically or randomly organised and structured. Therefore, law shall have a reasonably organized structure, even if in reality it does not have such a structure. In this way, the belief in an internal rationality of law transforms itself into the requirement for the rational organization of law. These two elements—belief in an internal rationality and the requirement of rational organization of law—are the pillars of the dogmatic conception of law which was established in Begriffsjurisprudenz of the 19th century and which still holds sway over contemporary continental legal thinking.
Added: Mar 2, 2015
Working paper
Komyagin D. Law. LAW. Высшая школа экономики, 2019
This article investigates issues related to a unique experiment carried out in Russia in unifying the collection of all obligatory payments. It analyzes the legal aspects of this approach and presents the variety of methods for collecting such payments. Notions of budget revenue and sources of revenue are considered. Special attention is paid to the forms and practices of tax farming and other obligatory payments. The article concludes that the budget legislation actually specifies various fiscal charges as sources of budget revenue. The real source of public revenue are the assets and resources making up the national wealth. Historical examples show that despite the generally accepted denial, tax farming is a normal method and can be applied along with the state monopoly and tax administration. The cases when tax farming is transformed into a state monopoly or excise and vice versa are not rare. Tax farming, which has continued to this day, is also referred to as parafiscal charges or quasi taxes.
Added: Aug 23, 2019
Working paper
Leonid Sykiainen. Law. LAW. Высшая школа экономики, 2013. No. 17.
At the end of 2010 there was siries of political crises in the Arab world and this period came to be known as "the Arab Spring'". Islam has played its significant role in these events. In certain countries overthowing the existing regimes resulted in Islamic governments coming to power. A number of aspects of the Arab Spring attracted the attention of contemporary Islamic legal thought. Its different schools diverge in the assessment of the mass protests. Islamic jurisprudence explains the "fiqh of revolution" which justifies the demonstrations and protests against the regime from a Sharia-based pount of view.
Added: May 1, 2013
Working paper
Nazmutdinov B. Law. LAW. Высшая школа экономики, 2015. No.  61.
Jurists and historians have rarely highlightened jural aspects of classical Russian Eurasianism. There have been several attempts to describe Eurasianist jural philosophy as a coherent system, but they were not fully relevant to the source material. The paper focuses on problems in the background of the creation of holistic Eurasianist jurisprudence during 1920s and 1930s. It emphasizes that the complexity of this process depended on different institutional and especially conceptual terms. The Eurasianists displayed several different approaches to Law whose distinctions were based on metajuridical grounds – phenomenological ideas in the work of Nickolai Alekseev, who argued for legal individualism; the “Alleinheit” theory found in the writings of Lev Karsavin; and a positivist theory in paper by Nickolai Dunaev. Based on published works of Eurasianists and unpublished archival materials, this research concludes that these juridical views were contradictory. These contradictions meant it was impossible to create a coherent Eurasianist jural theory using the terms derived from the authors mentioned, despite the fact that Eurasianist views have some specific characteristics.
Added: Jan 8, 2016
Working paper
Getman-Pavlova I. V. Law. LAW. Высшая школа экономики, 2013. No. 13/LAW/2013.
This article investigates the concept of “comity”, discussed by Ulrich Huber (Dutch scholar of the XVIIth century). This author is the most typical representative of the Dutch theory of the conflict of law. Huber’s writings primarily reflected the doctrine of comity, which is the basis of the Dutch school statutes. This article concludes that all Huber’s axioms have entered modern doctrine and court practice (especially in common law countries). Huber is the founder of the “national theory” of conflict rules and, at the same time, the founder of “international theory” in the private international law.
Added: Apr 2, 2013
Working paper
Kashanin A. Law. LAW. Высшая школа экономики, 2014. No. WP BRP 30/LAW/2014.
This article addresses the problem of identifying criteria for copyrightability and non-copyrightability in the Russian legal system, especially in judicial practice. An analysis of court rulings issued over the past few years warrant the conclusion that there is a trend towards setting looser standards of originality and creativity. The article also describes a trend in Russian judicial practice to grant copyright protection to works of low authorship and goes into problems and contradictions that this entails. It compares principles that evolved in Russian law with similar principles used abroad, mainly in Germany.
Added: Jan 24, 2014
Working paper
Pogosova Z. M., Penikas H. I., Nizhnik M. Law. LAW. Высшая школа экономики, 2015
The “ignorance of law” defense is often used as an argument to decrease the degree of punishment assigned to a convicted criminal. Previous research has identified that the degree of punishment is, inter alia, impacted by the perceived morality of the action and the  convicted criminal’s knowledge of the law. Compared to previous findings, the current paper contributes to the field of study in three principal ways. First, it analyzes Russian respondents and their perceptions of morality of action (previous studies have dealt with American respondents). Second, the present paper traces the distinction between lawyers’ perceptions and those of laypeople. Third, the quantitative impact of the ignorance of law defense on a trial group is traced by considering the interrelationship of factors determining the ultimate degree of punishment a hypothetical criminal would be sentenced to.
Added: Dec 11, 2014
Working paper
Borisova T. Y. Law. LAW. Высшая школа экономики, 2012. No. 03.

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?

Added: Aug 27, 2012
Working paper
Karliuk M. Law. LAW. Высшая школа экономики, 2015. No. WP BRP 53/LAW/2015.
The Eurasian Economic Union (EAEU) is an emerging regional organization of economic integration in the post-Soviet space. Following the limited success of previous integration attempts, it seeks to pursue deeper integration, borrowing features from the EU. The EAEU possesses a complex system of elements of an emerging legal order, some of which have distinct similarities with the EU, but others are decisively different. This paper analyses these features in order to find whether the legal changes that accompany the creation of the new entity allow ensuring the effective functioning of the EAEU and whether the respective legal order is autonomous similar to that of the EU. The author argues that the EAEU lags behind the EU in terms of the autonomy of the legal order and in its ability to ensure the effective functioning of the organization. Supranational features are limited, while it relies predominantly on intergovernmental elements with a view to preserve the interests of all Member States.
Added: Sep 24, 2015
Working paper
Yerpyleva N. Law. LAW. Высшая школа экономики, 2015
The present article examines the evolution of conflict regulation in the private international law of Russia and Poland. The author identifies the concept, structure and types of conflict rules, stressing that the conflict of laws is the most important category of private international law. A detailed classification of the types of connecting factor formulas under which connecting factors of bilateral conflict rules are formed is undertaken. The detailed analysis of conflict rules contained in Russian and Polish legislation set forth mainly in the Civil Code of the Russian Federation and the Law of Poland “On Private International Law” is conducted with the help of the comparative and formal-logical methods of research. The author also scrutinizes different conflict rules contained in the Treaty between Russia and Poland on legal assistance and legal relations in civil and criminal matters. The author concludes that modern conflict regulation in Russia and Poland is in accordance with those trends in private international law, which can be seen through the prism of the international dimension.
Added: Mar 22, 2015
Working paper
Getman-Pavlova I. V. Law. LAW. Высшая школа экономики, 2016. No. WP BRP 64/LAW/2016.
This article restores to academic circulation the names of representatives of the 16th century Belgian School of Realism, who have been unjustly forgotten in modern Private International Law [PIL] doctrine—Nicolas Everhard, Pieter Peck and Johannes à Sande. These scholars are the founders of the Belgian-Dutch theory of conflicts of laws which anticipated the classic Dutch “comity” doctrine and provided the framework for the Anglo-American doctrine of the regulation of international civil relations. The theory of Belgian realism was first outlined by Everhard, Peck and Sande and was formed on the theory of statutes—the sole doctrine of PIL for 500 years. Belgian Realism is a separate direction in the theory of statutes which triggered the process of a strongly territorial concept of conflict resolution between choice of law rules of different states. However, despite their outstanding contribution to the legal practice and doctrine of their time, these scholars are not known to modern jurisprudence. The article concludes that Everhard, Peck and Sande developed the choice of law rules which are now adopted by modern legislation; moreover, their works may serve to develop international comity doctrine, which has been adopted by modern PIL.
Added: Mar 2, 2016
Working paper
Poldnikov D. Law. LAW. Высшая школа экономики, 2018. No. 79.
The Europeanization of legal scholarship and legal education facilitates the emergence of comparative legal science as a promising new tool to discover similarities and differences between two or more jurisdictions and their past development. Yet, the specific methodology of such studies is still not clear. Some legal historians hold that comparative legal history does not or should not have its own methodology other than that of comparative law. Others warn against imposing a contemporary agenda and toolbox on legal history. The author of this article aims to clarify this debate by examining the prospect of applying one of the most popular methods of comparative law – the functional method – to the domain of legal history. On the basis of several examples from the European legal past he claims that examining the functions (the social purpose) of legal norms can help legal historians in three ways: first, to determine the objects of comparison and the sources of analysis, despite the variety of verbal shortcuts (the initial stage of research); second, to analyse legal norms from the perspective of solving social problems in the past – to study the 'law in action'; and third, to arrange the results of the research according to meaningful criteria at the final stage.
Added: Apr 11, 2018
Working paper
Poldnikov D. Law. LAW. Высшая школа экономики, 2018. No. 80.
Comparative legal history is a fashionable new discipline which aims at a better understanding of the law's past by comparing similarities and differences of legal phenomena in two or more jurisdictions beyond the limits of national legal histories. Despite its popularity in Europe, it still lacks comparative projects that cover both Western and Eastern areas of the Continent, not least because the methodology of such comparison requires proper consideration and cannot be simply copied from comparative law or national legal histories. The present article evaluates the applicability of the dominant method of today's comparative law (the functional one) in the domain of the general contract law of the first codifications in the major jurisdictions of Continental Europe (Austria, France, Germany, Russia) during the 'long 19th century'. This subject matter is chosen by way of example as a 'legal cross-road' of legal concepts and models, more susceptible to changes, innovations, borrowings, and closely linked to social needs. In the main part of the article, it is argued that the adaptation of the functional method to the needs of comparison in legal history becomes plausible due to at least two factors. First, comparatists mitigated the rigid assumptions of the 'classical' functionalism of the 20th century (rejecting its privileged status and purely functional perception of law, irrebuttable presumptions of similarity and unification of compared legal systems etc.). Second, many legal historians, like the drafters of the first civil codes in Western and Eastern Europe, also believe that law is more than minimally connected to social problems and manifests itself primarily through its actual application. On the basis of such premises, the author of this article discusses potential benefits and limitations of researching general contract law in the selected jurisdictions with the functional method. At the preparatory (descriptive) stage, it can be useful to assure comparability of contract law in the selected civil codes, to identify omissions in the codified general rules on contracts, and to arrange legal provisions around practically relevant issues. At the stage of analysis, functionalism can be coupled with teleological interpretation of legal norms to enable us to understand better the link between the application of the legal rules, their legal purposes, and the practical social problems serving as tertium comparationis for all the compared jurisdictions. A sketch of such an analysis in the final part of the article allows to conclude that a research with the help of the functional method narrows our perception of law as a cultural phenomenon and breaks the inner doctrinal logic, but in return, it offers a starting point for a much needed dialogue of legal historians with a wider legal community.
Added: Apr 10, 2018
Working paper
Tatyana N. Lobanova, Yuriy A. Tikhomirov. Law. LAW. Высшая школа экономики, 2018. No. WP BRP 84/LAW/2018 .
The human factor is always decisive in social development. The role of active behavior and above all economic behavior is obvious. However, there are some difficulties: the law regulates predominantly "external" behavior; psychology covers interests, motives, will, emotions.   This paper analyzes individuals’ interests and motives in economics. Coherence and contradictions of the labor interests are investigated on the basis of a survey made in several organizations. The rank of interests (economic, professional, career, group, corporate, territorial, and common civil) in the dependence of labor group type (shareholders, top managers, line managers, employees) is formed.  
Added: Oct 28, 2018
Working paper
Leonid R.Sykiainen. Law. LAW. Высшая школа экономики, 2017. No. 72.
This article studies the approach of Islamic legal thought to the idea of Caliphate. The author explains the fundamental principles of the Islamic concept of the state as an instrument for defending and maintaining religion and dealing with worldly affairs. Modern Islamic thought, taking into consideration the historical evolution of Islamic statehood under the influence of objective political circumstances, came to the key conclusion that an Islamic state is not restricted to a unified Caliphate (the Caliphate on the way of the prophecy). Other models of power are quite admissible if they are meeting the aims of the Caliphate.
Added: Mar 8, 2017
Working paper
Jankiewicz S., Knyaginina N. Law. LAW. Высшая школа экономики, 2018. No. WP BRP 83/LAW/2018.
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Added: Apr 16, 2018
Working paper
Poldnikov D. Law. LAW. Высшая школа экономики, 2013. No. WP BRP 20/LAW/2013.
The paper examines the inconspicuous influence of the legacy of the classical natural law of the 18th century on Russian dogmatic jurisprudence of civil law, taking as an example the authoritative “Course on civil law” (1868-1880) by Konstantin Pobedonostsev. Despite the dogmatic purpose of the course and the hostility of its author towards European liberal doctrines of natural law, some striking similarities between them can be found, especially in the general provisions and principles of contract law, the method of its exposition and the recourse to justice and supra-positive ideal.
Added: Oct 4, 2013
Working paper
Enadarova M., Petrik A. Law. LAW. Высшая школа экономики, 2015. No. WP BRP 51/LAW/2015 .
This paper analyses the legal substance of the customs procedure of the free customs zone in the Eurasian Economic Union by investigating its main features and peculiarities. In particular, we show that the customs procedure of the free customs zone is an economic instrument of state regulation of foreign trade activity in the Eurasian Economic Union. Also, we highlight the need for the harmonization of the provisions of the current legislation on the respective customs procedure between the member states of the Eurasian Economic Union. We also show that the legal regulation of this customs procedure is now generally compliant with WTO law
Added: Jun 2, 2015