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In the Name of State Sovereignty? The Justification of War in Russian History and the Present
Ch. 22. P. 395–416.
Robinson P., Antonov M.
This chapter examines how Russians justify wars in the post-Soviet era. As will be shown, the Russian philosophical tradition developed somewhat differently from that of the West. Neither in Imperial Russia, nor during the Soviet period, did secular writers pay much attention to issues related to the justification of war. Meanwhile the Russian Orthodox Church tended to view war as an occasionally necessary lesser evil, not as something which can be characterized as ‘just’. Since the collapse of the Soviet Union, political leaders have tended to adopt a Realist approach and to frame war in terms of security rather than justice. Church leaders and secular intellectuals have on occasion referred to Russia’s wars as 'just' and made some reference to Western just war principles, but they have not for the most part endorsed those principles fully. It remains to be seen whether Russian thought on this issue will converge with that of the West or diverge further from it.
Language:
English
In book
Oxford: Oxford University Press, 2021.
Kapyrina N., Журнал Суда по интеллектуальным правам 2023 Т. 1 № 39 С. 96–119
This paper provides a comparative analysis of legislative and judicial presumptions in the field of copyright and neighbouring rights in France and in Russia. It explores the justifications and use of these legal tools aimed at shifting the burden of proof in such matters as authorship, the right to file a claim against an infringement, ...
Added: February 24, 2026
Тузов Д. О., Закон 2025 № 10 С. 36–46
The procedural problem of eadem res („case identity“) was well known to Roman jurisprudence, which formulated the well-known principle bis de eadem re ne sit actio. The phenomenon of eadem res occurred when the claim was based on the same legal or factual premises as the claim filed earlier, so that two claims were turned out ...
Added: January 31, 2026
Poldnikov D., , in: Law Reforms Around the World: Perspectives from National and International Law.: Abingdon: Routledge, 2023. Ch. 7 P. 108–118.
Codification is believed to be a unique, hard-won and hard-to-be-defended creation of Western European legal culture. Codes became its major export around the civil-law world and still dominate its legal landscape. Yet, codifications outside major civil law jurisdictions may vary considerably.
This article examines the pattern of Russian legal codification. It built on and resembled the ...
Added: October 31, 2023
Antonov M., , in: Exploring Russia’s Exceptionalism in International Politics.: Abingdon: Routledge, 2024. P. 99–112.
This chapter examines the role of human rights as the reference point for concrete-order thinking in Russia’s legal order and the political implications of changes in conceptualization of human rights over the last few decades. This change has had an evident impact on Russian law and on its interplay with the West and its institutions. ...
Added: October 28, 2023
Nektov A., Stepanov, Semyon, Journal of Tort Law 2022 Vol. 15 No. 2 P. 215–267
The article is devoted to the issue of compensation for pure economic losses under Russian law. The category of pure economic losses came into the focus of Russian researchers relatively recently. Currently, the mainstream discussion of Russian scholars on the topic is based on the analysis of foreign cases and arguments related to them. Meanwhile, ...
Added: January 17, 2023
Starun M., Laboratorium. Журнал социальных исследований 2022 Т. 14 № 3 С. 87–118
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Added: August 26, 2022
Государственный институт экономики, финансов, права и технологий, 2018.
В данном сборнике представлены материалы научных статей и докладов, посвященные изменениям в законодательстве и политике, произошедшим в 2017 году. Редакционная коллегия включила в сборник наиболее актуальные и научно-обоснованные исследования по тематике конференции. Настоящее издание может быть рекомендовано студентам юридических вузов и факультетов, а также всем, кто интересуется проблемами современной юридической науки и практики. Авторы опубликованных ...
Added: September 15, 2021
Antonov M., , in: Law and Economics of Regulation.: Springer, 2021. P. 55–69.
This paper studies the development of economic analysis of law in Soviet and Russian law, and a number of factors influencing this development. In Soviet law, the influence of economics on law was theoretically conceived in terms of Marxist dialectics of basis and superstructure. When Russia left the USSR in 1991, judges had to evaluate ...
Added: June 29, 2021
Oxford: Oxford University Press, 2021.
The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what ...
Added: March 4, 2021
Davydenko D., , in: The Law and Policy of New Eurasian Regionalization. Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space.: Boston: Brill, 2021. Ch. 11 P. 177–194.
The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ‘ICAC’) is a recognized arbitral institution based in Moscow that has a long experience of administering transnational commercial arbitrations. Most frequently disputes decided by the ICAC tribunals arise out of commercial contracts of sale of goods, services, works, ...
Added: February 1, 2021
Antonov M., European Yearbook of Human Rights 2020 P. 529–550
This contribution analyses the features of Russian legal culture that – in the author’s opinion – prevent this culture from acceptance of human rights in their liberal reading. These features are examined through the lenses of the conceptual history. The positivist intellectual tradition of conceptualising law in terms of state power led to the priority ...
Added: December 18, 2020
Hendley K., Law and Policy 2019 Vol. 41 No. 2 P. 147–173
This article explores the mind‐set of Russian law students on the cusp of graduation. Drawing on a 2016 survey, the analysis finds that, despite having taken different paths to their degrees, the respondents share a confidence in the Russian courts that distinguishes them from Russians without legal education. Within the sample, a natural division is ...
Added: December 7, 2020
Antonov M., Leiden: Brill, 2021.
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based ...
Added: November 20, 2020
Davydenko D., Transnational Dispute Management 2020 Vol. 17 No. 1 P. 1–14
The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ‘ICAC’) is a recognized arbitral Moscow-based institution with long running experience in administering transnational commercial arbitrations. Most frequently, disputes decided by the ICAC tribunals arise out of commercial contracts of sale of goods, services, works, and lease. This ...
Added: October 30, 2020
Batalova M., Brank L., Dechert on Point 2020
On March 18, 2020, Russia’s Supreme Court and the Counsel of Judges issued Joint Resolution No. 808 to address measures Russian state courts must take to limit the spread of COVID-19.
The Resolution makes reference to the Federal Law on Sanitary and Epidemic Safety, the Federal Law on Protection of the Population and Territory against Extraordinary ...
Added: August 21, 2020
Antonov M., Review of Central and East European Law 2020 Vol. 45 No. 1 P. 161–180
This essay examines methodological nuances connected with historical research of Russian law. These nuances are studied against the backdrop of two books published respectively by Professor Ferdinand Feldbrugge and Professor William Pomeranz on Russian legal history. The methods employed by these authors reveal specific features of Russian legal language and mentality which can be helpful ...
Added: March 31, 2020
Muravyeva M. G., , in: Oxford European Legal History Handbook.: Oxford: Oxford University Press, 2018. Ch. 37 P. 854–875.
The chapter gives an overview of the development of early modern Russian law. During this period, Russian law was undergoing a definite modernization which intensified in the seventeenth and, particularly, in the eighteenth century. The law became more rational, predictable and efficient. Russia actively engaged in codification and systematization of law, and that led to ...
Added: November 29, 2018
Panarina M., Адвокатская практика 2016 № 2 С. 9–15
The article analyzes the law on Advocacy for the use of customs in ensuring the adequate protection of the court, and the formation of evidence. According to the author, lawmaker and law enforcer using the formula “the custom» everywhere, so it is recognized not only the importance but also the need of a legal instrument ...
Added: October 15, 2018
Antonov M., Review of Central and East European Law 2018 Vol. 43 P. 87–98
The present paper is a review of Everyday Law in Russia by Professor Hendley. The review underscores that Professor Hendley pays attention not only to the texts of positive law: she also examines how the law works in these countries, how it is utilized by legal actors and how it matters to them. Professor Hendley’s analysis includes a ...
Added: January 28, 2018
Muravyeva M. G., Europe-Asia Studies 2017 Vol. 69 No. 8 P. 1145–1152
This article offers a variety of approaches on how to conceptualise Russian legal responses to these globalised challenges and think about future legal developments. The scholars who have contributed to this volume examine a number of issues analysing human rights, migration law, the Russian approach to international criminal law, free speech, the concepts of state ...
Added: October 31, 2017
Poldnikov D., Clio@Themis. Revue électronique d’histoire du droit 2017 No. 13 P. 1–17
The article examines the scientific transformation of Russian civil law between 1861 and 1917 around three points of reference (rationalism, Romanism, the comparative trend) and specifically through the comparative method. In focus are the principal academic publications on Russian civil law and its history, including the most authoritative treatises on civil law and the methodology ...
Added: October 16, 2017
М.: Юрлитинформ, 2017.
Девятый том Памятников российского права содержит правовые установления первой половины XIX века в сфере публичного права. На основе комплексного анализа источников права и литературы дана углубленная характеристика института сословных прав, развития уголовного законодательства, прокуратуры, полиции, исправительных учреждений, нормативно-правовых актов министерств, систематизации медицинского законодательства, нормативно-правовое регулирование светской цензуры. Исследованы основные формы и аспекты деятельности местных подразделений ...
Added: March 26, 2017
Maleshin D., Journal of Legal Education 2017 Vol. 66 No. 2 P. 289–308
There is talk of a crisis in legal education today, not only in Russia, but also around the world. In Russia, however, the matter of legal education reform is especially critical. The irony is that, governed by lawyers over many years, Russia tries to ignore the rule of law. The author states his own vision ...
Added: February 9, 2017