Russian Journal of Legal Studies最新文献

{"title":"Patentability Issues in International Law","authors":"","doi":"10.13187/rjls.2020.1.3","DOIUrl":"https://doi.org/10.13187/rjls.2020.1.3","url":null,"abstract":"","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128804515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Philosophy of Law in the System of Philosophy and Jurisprudence","authors":"O. Meshcheryakova, Мещерякова Ольга Михайловна","doi":"10.17816/rjls18473","DOIUrl":"https://doi.org/10.17816/rjls18473","url":null,"abstract":"The article seeks to substantiate the philosophical and legal approach to the law. The article deals with the problems of jurisprudence from the standpoint of the philosophy of law. The author considers historical-methods aspects of development of philosophy of law as the most important moment of formation of the European liberalism conditioned by the genesis thereof.The aim of the article is to describe the inf luence of the philosophy of law on the formation and development of a legal worldview.In the present article author researches questions of philosophy of law impact on the law. Among the philosophical and jurisprudential schools and disciplines, which significantly affected the establishment and transformation of legal philosophy the decisive role belonged to the entire philosophical system of Georg Wilhelm Friedrich Hegel, including philosophy of law, history, religion, and logic. The question of what was the impact of philosophical system of Georg Wilhelm Friedrich Hegel for the formation of teaching on law is considered in the article.That is why, “Philosophy of Law” by Georg Wilhelm Friedrich Hegel is of high value in the history of political and legal though, and Georg Wilhelm Friedrich Hegel should take a worthy place among the patriarchs of the philosophy of law.These problems identified the subject of the study conducted in the article. The identification of certain features of succession with regard to Hegelian philosophy allowed us to indicate ways of enriching jurisprudence with the philosophy of law.The methodological basis of the research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of historicism, comparative-legal, as well as formal-legal and systemic approach.Its provisions can be used in further studies on issues of philosophy of law and jurisprudence.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121911849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Semantic Conception of Law","authors":"Y. Gavrilova, Гаврилова Юлия Александровна","doi":"10.17816/rjls18498","DOIUrl":"https://doi.org/10.17816/rjls18498","url":null,"abstract":"The article is a continuation of the author’s publications about integrative conception of the meaning of law in the Russian Journal of Legal Research No. 2 for 2016 and No. 1 for 2017. The author understands under the semantic conception of law an a integrative holistic and collective image of law, which always has a specific historical content (in this modern society) and operates in accordance with the principle of complementarity of different types of legal understanding. This conception contains several basic assumptions. First, the semantic conception is not an absolutely new type of legal understanding, and the meaning of law is one of the supporting connecting structures that, from the point of view of modern philosophy and methodology of science, characterize the interpretational style of scientific thinking. Secondly, the dispute between the philosophy of law and the theory of law for the priority in legal understanding can be solved by a scientific convention based on the concept of the meaning of law, which harmoniously combines the internal nature of law and its external relations with economics, politics, culture and other subsystems of society. Thus, the opposition between the law “from the inside” and that which is “outside” the law is removed. Thirdly, the semantic conception of law is able to set the optimal vector for improving the conceptual apparatus of jurisprudence and for modernizing the criteria of the scientific novelty of modern legal knowledge from the position of the so-called “classical” and “postclassical” legal paradigms. If the meaning of the law is improved by the internal logic of the development of the law itself, then the scientific novelty will always be postulated as “understanding traditional ideas at a new stage”. But if the meaning of law derives its sources from the social space, then, of course, it is necessary to recognize that philosophical concepts, terms and institutions can be included in the conceptual apparatus of law within the framework of a new objective interpretation. The semantic conception of law has significant theoretical and practical potential for system analysis of the problem of modern Russian legal understanding.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128397661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Public Administration in the Political and Legal Space of Modern Ukraine: European Choice and Effectiveness","authors":"E. V. Okhotsky, Охотский Евгений Васильевич","doi":"10.17816/rjls18482","DOIUrl":"https://doi.org/10.17816/rjls18482","url":null,"abstract":"The article, which consists of two parts, explores the problems of the political and legal foundations of goal-setting and the effectiveness of public administration in modern Ukraine, assesses the significance of the constructiveness of the implementation outlined in the context of public interest and state growth strategy. An attempt was also made to prove that the existence of scientifically substantiated goals, their systematic nature, strategic and functional validity are the basic features of a state of law and an indispensable condition for the high quality of public administration. It is also taken into account that the concepts of “effective” and “efficiency” are perceived ambiguously in science and everyday management practice. For some, it is effective that it is desirable and expedient, for others, only that allows them to realize their intentions and satisfy their respective needs, for others, it ensures that the desired result is obtained at the lowest cost. It also touches on the difficulties of making effective managerial decisions in the difficult conditions of modern reality, in a situation where there are no strict methodological guidelines and the corresponding legal, organizational, procedural and heuristic algorithms, not populous moral principles dominate, but populist blur. The presence in such conditions of only normatively approved","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131724915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Linguistic and Philosophical Aspects of the Concept of “a Reason for Initiating a Criminal Case”","authors":"A. Kosenko, Косенко Андрей Михайлович","doi":"10.17816/rjls18494","DOIUrl":"https://doi.org/10.17816/rjls18494","url":null,"abstract":"Disputes have lasted for more than a decade on the nature of the reason for initiating a criminal case, dozens of definitions are given to this term, but a common understanding has not yet been reached. The article attempts to analyze the concept of “reason for initiating a criminal case” in a linguistic and philosophical aspect. The conclusion is made about the expediency of considering the notion “reason for initiating a criminal case” not as a separate linguistic unit with independent lexical meaning, but as a phrase consisting of the concepts “reason” and “initiating a criminal case”. From the standpoint of the dialectical approach, the reason is considered as a condition manifested as a phenomenon of objective reality. Recognizing the infinity of the content of the occasion as a phenomenon of objective reality, the most significant of its elements are highlighted.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131895754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Reality as Itemof Postclassic Law Philosophies","authors":"I. Chestnov, Честнов Илья Львович","doi":"10.17816/rjls18476","DOIUrl":"https://doi.org/10.17816/rjls18476","url":null,"abstract":"The writer show important of philosophical understanding of the law existence. The legal philosophy is searching the ground of juridical science. Philosophy of science is not like a separate area of knowledge, existed closer with this scientific discipline, but her high level- the level of her grounds. In this level occur “contact” between worldview, philosophy and this scientific discipline. Philosophical knowledge (with ideological and everyday knowledge subjected to philosophical ref lection) used for ontological and epistemological substantiation of science. Philosophy of science (like her according level) is not a science, but the knowledge and without this knowledge, science (and juridical science) is impossible. In this case the legal philosophy is the high level of jurisprudences provided ontological and methodological justification of law. Exactly legal philosophy allows juridical discipline come in “meta-legal” area, only from legal philosophy possible explication of legal grounds.Post-classical philosophy formulates the following picture of legal reality: 1) law is created (constructed) by people;2) law is conditioned by historical and socio - cultural context; 3) law is multifaceted, potentially inexhaustible in its external manifestations, phenomenon; 4) law exists in the sign form and practices (behavioral and discursive, mental) people. Post-classic right philosophy is characterized by anthropology and practical orientation.Legal reality formulated by people and reproduced by their practices. The study of exactly how this happens is an important task of post - classical philosophy of law. This approach differs significantly from the classical one and is an adequate analysis of law in post-modern, global society.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128687948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What the actualization of the question leads about philosophy of branches of law?","authors":"S. Bochkarev, Бочкарёв Сергей Александрович","doi":"10.17816/rjls18469","DOIUrl":"https://doi.org/10.17816/rjls18469","url":null,"abstract":"The article analyzes the prospects and state of the philosophy of law and philosophy of the branches of law. This topic was discussed for the first time in the history of modern legal science after in 2017 the editorial staff of the Russian Journal of Legal Research put it out for wide discussion by publishing a number of articles on the subject in the journal (No. 1, 2017). The proposal to pay attention to this topic received the response of leading scientists from different regions of the country and neighboring countries. As a result of an active and interested attitude of specialists, a thorough and collective discussion of the problems, a kind of intersectoral and “brainstorming,” was obtained. Only on the journal’s website (russianjls.ru) over 18 thousand downloads of articles by the authors of this issue were made. The editors received a significant number of reviews, and the publication itself was highly appreciated among practicing and theorizing lawyers. Updating the philosophical understanding of the branches of law is not a tribute to fashion. It is due to a long overdue need.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122449479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Risk-Based Approach and Pharmaceutical Compliance in the Sphere of State Supervision of Illegal Circulation of Medical Products","authors":"S. Maksimov, Максимов Сергей Васильевич, Tatyana Yu. Rudaya, Рудая Татьяна Юрьевна, K. Utarov, Утаров Канат Алимтаевич","doi":"10.17816/rjls18502","DOIUrl":"https://doi.org/10.17816/rjls18502","url":null,"abstract":"The article deals with the problems of introducing a risk-based approach to the regulation of federal state supervision in the sphere of circulation of medicines. The main drawbacks of the risk-based approach regulation in the regulatory legal acts of the Russian Government and Roszdravnadzor are highlighted. The discrepancy of certain provisions of the relevant acts to the principles of administrative law and the Code of the Russian Federation on administrative offences in the part relating to the assessment of the legal value of the period during which a person is considered to be subjected to administrative punishment is noted. Measures to improve the risk- based approach to the organization of state supervision in the sphere of circulation of medicines are proposed. In particular, data on the degree of compliance of the objects of control with the requirements of good practices (GxP, including GMP, GPP, GDP, etc.) and data on the presence of the objects of control systems of pharmaceutical compliance are proposed in the assessment of the risk of harm. The authors formulated the definition of the concept of pharmaceutical compliance. It is concluded that the inconsistency of the administrative-legal and criminal-legal policies to combat cartels in the EAEU member States creates significant risks to achieve the goals of creating a single market of medical products in the Eurasian Economic Union.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"226 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115499546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Herbert Hart’s Theory of Definition in the Context of Analytical Legal Philosophy","authors":"V. Ogleznev, Оглезнев Виталий Васильевич","doi":"10.17816/rjls18504","DOIUrl":"https://doi.org/10.17816/rjls18504","url":null,"abstract":"The article presents Herbert Hart’s theory of definition in the context of modern analytical legal philosophy. Dissatisfaction with the applicability of the traditional method of definition by the genus and differentia to the elucidation of legal concepts led Hart to the development a new method of definition. It is shown that Hart not only modifies the paraphrase of Jeremy Bentham, but also tries to adapt to the analysis of legal concepts the definition in use borrowed from analytical philosophers and logicians. It has been established that the key point of Hart’s method is that instead of defining a separate term, it is necessary to consider a statement, where the utterance plays a characteristic role, and is explained by specifying the conditions under which the entire statement is true. Some difficulties that arise when one uses this definition in the framework of the truth-conditional semantics are considered. In particular, it is shown that Hart uses open sentences of the form “X has a right” in its definition, which differ from closed sentences, primarily because they contain free variables with indefinite range of values. This uncertainty does not allow us to attribute to them the truth-value. The concepts of truth and falsity apply only to statements that are expressed by closed sentences. Thus, Hart’s claim of a special semantic nature of legal concepts and a special epistemological task of definitions in jurisprudence is reflected in his theory of the truth-conditional definition - a kind of contextual definition.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115704175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Philosophy of Globalization of Criminal Law","authors":"V. Khilyuta, Хилюта Вадим Владимирович","doi":"10.17816/rjls18486","DOIUrl":"https://doi.org/10.17816/rjls18486","url":null,"abstract":"In article the questions of globalization of criminal law and the pursued criminal policy are raised. At the doctrinal level trends of implementation of norms of the international criminal law and a problem of general unification of norms of criminal law are analyzed. The author comes to a conclusion about discrepancy of the mechanism of a global instrumentalization of criminal law and artificial imposing of the international standards to the national states. In article global initiatives of general and unconditional implementation of rules of international law and other legal institutes are in detail described. It is specified that these trends cannot be born in itself, without external intervention. It is proved that the drawn line of artificial unification of criminal tools at the global level leads to institutional crisis since basic borders of criminal law cannot identically be considered in relation to each single country (a national criminal system) in view of various social and economic parameters of functioning of the states and means of their realization.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131099581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}