Courier of Kutafin Moscow State Law University (MSAL))最新文献_第10页

Trends in the development of the Institute of judicial power through the prism of scientific works by E. I. Kozlova 从 E. I. 科兹洛娃科学著作的棱镜看司法权研究所的发展趋势

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-03-20 DOI: 10.17803/2311-5998.2023.112.12.104-114

S. A. Beniaminova

{"title":"Trends in the development of the Institute of judicial power through the prism of scientific works by E. I. Kozlova","authors":"S. A. Beniaminova","doi":"10.17803/2311-5998.2023.112.12.104-114","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.112.12.104-114","url":null,"abstract":"The article attempts a chronological analysis of the adoption of normative legal acts that are the source of such an institution of constitutional law of the Russian Federation as the judiciary in order to identify trends in its development. The author, using the theoretical developments of Professor E. I. Kozlova regarding the objective conditionality of the complexity of the structure of the legal institution, the expansion and detailing of constitutional legal norms, tries to identify those factors that lead to the transformation of the legal matter in modern Russia. Recognizing the wellfounded conclusions made by an outstanding scientist back in the Soviet period, the author concludes that the influence of the highlighted E. I. Kozlova considers such a factor as the maturity of public relations for the development of the institution of judicial power in modern conditions, as well as the simplification of the structure of the institution of judicial power in connection with the exclusion from its elemental composition of the Supreme Arbitration Court of the Russian Federation, constitutional (statutory) courts of the subjects of the Russian Federation, which is associated with the ongoing search for an optimal model of judicial power in a transitional stage the development of the Russian state and society and modern geopolitical changes.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 38","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140388505","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}

引用次数: 0

Transformation of legal ideology in the field of regulation of dual citizenship in the Russian Federation 俄罗斯联邦双重国籍管理领域法律思想的转变

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-03-20 DOI: 10.17803/2311-5998.2023.112.12.083-091

V. V. Polyansky

引用次数: 0

Procedural Norms and Institutions in the Structure of Constitutional Law of Russia 俄罗斯宪法结构中的程序规范和制度

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-03-20 DOI: 10.17803/2311-5998.2023.112.12.092-103

N. Taeva

引用次数: 0

Continuity and dialogue in the constitutional and legal development of Russia: reflections in the context of the scientific heritage of E. I. Kozlova 俄罗斯宪法和法律发展的连续性与对话：在 E. I. 科兹洛娃科学遗产背景下的思考

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-03-20 DOI: 10.17803/2311-5998.2023.112.12.044-053

S. Kabyshev

{"title":"Continuity and dialogue in the constitutional and legal development of Russia: reflections in the context of the scientific heritage of E. I. Kozlova","authors":"S. Kabyshev","doi":"10.17803/2311-5998.2023.112.12.044-053","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.112.12.044-053","url":null,"abstract":"The article is an experience of reflection on the meaning and nature of continuity in the constitutional development of the institutions of Russian statehood in the context of the ideological and scientific heritage of Professor E. I. Kozlova. Defending the position according to which continuity is not an imperative-determinant, but a dialogic (discursive) characteristic of constitutional and legal development, involving the identification and interpretation of political and legal traditions, ideals, values in their refraction through the prism of specific historical conditions and perceived hopes, aspirations for the future, the author sees in continuity a source and institution of sovereign self-organization of the people. Following these methodological approaches, which are being confirmed, substantiation in the works of Professor E. I. Kozlova, who managed to remain modern and timely in different historical eras, the author reveals the actual significance of a number of ideas of Professor E. I. Kozlova in relation to understanding the essence of the Constitution, constitutional law in order to gain a confident constitutional future of Russia in legal science, education, regulation and legal practice.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140388477","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}

引用次数: 0

Applied cratology and the political process through the prism of the scientific heritage of E. I. Kozlova 从 E. I. 科兹洛娃科学遗产的角度看应用板块学和政治进程

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-03-20 DOI: 10.17803/2311-5998.2023.112.12.033-043

V. V. Komarova

{"title":"Applied cratology and the political process through the prism of the scientific heritage of E. I. Kozlova","authors":"V. V. Komarova","doi":"10.17803/2311-5998.2023.112.12.033-043","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.112.12.033-043","url":null,"abstract":"The will of the multinational people of Russia is the basis of the political process of a modern state. The values enshrined in the Constitution of the Russian Federation are a guideline for the political process, legal consolidation of goals and objectives facing the state and civil society; the basis for specific legal regulation and act as a criterion for balancing various interests. The article analyzes the creative heritage of Professor E. I. Kozlova in terms of her study of fundamental issues of the theory of democracy and various forms of its manifestation and mechanisms of implementation. Over the course of many years of her creative life, Ekaterina Ivanovna Kozlova has studied the evolution of the conceptual foundations of democracy in the Russian Federation, the quintessence of which is the will of the people. In light of the constitutional amendments of 2020 and the digitalization of state and public life, ideas, fears and judgments about the significance of the will of the people of the classics of state (constitutional) law take on a new meaning. The institutionalization of the political process and its legal concept is the basis of the modern theory of practical cratology. The author’s vision of the constitutional design of the foundations, tasks and subjects of the political process is proposed.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140388912","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}

引用次数: 0

US Human Rights Concept 美国人权概念

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-03-20 DOI: 10.17803/2311-5998.2023.112.12.069-082

L. G. Berlyavsky, I. G. Dudko

{"title":"US Human Rights Concept","authors":"L. G. Berlyavsky, I. G. Dudko","doi":"10.17803/2311-5998.2023.112.12.069-082","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.112.12.069-082","url":null,"abstract":"The article examines the main stages in the development of the concept of human rights in the United States of America. The evolution of the traditional concept of human rights is traced, starting with the positions of the «Founding Fathers» of the United States. A classification of decisions of the US Supreme Court made on the basis of the natural law theory of constitutional interpretation is presented. The significant influence of the theory of natural law on the formation of American constitutionalism and, especially, judicial practice is noted. The features of the modernist concept of human rights in the United States, which is based on the idea of protecting private property as the foundation of individual freedom, are analyzed. The conclusion is formulated about the absence in the modern US constitutional doctrine of recognition of the fundamental importance of rights of a social, economic and cultural nature. The features of the official «progressive agenda», mandatory for the whole world, are revealed, which consists of the following provisions: desovereignization, antinatalism, and a negative attitude towards the family, in the traditional sense. The article presents a general description of the American concept of human rights.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140388856","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}

引用次数: 0

Is the Civil Process an «Ideal Communicative Community»? The Idea of Discursive Ethics in Relation to Judicial Proceedings 民事诉讼程序是 "理想的交流社区 "吗？与司法程序有关的话语道德理念

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-11 DOI: 10.17803/2311-5998.2023.110.10.026-037

V. V. Argunov

引用次数: 0

Application of para. 4 of Article 248.1 of the Arbitrazh Procedural Code of the Russian Federation: issues raised by the court practice 俄罗斯联邦仲裁程序法典》第 248.1 条第 4 款的适用：法院实践中提出的问题俄罗斯联邦仲裁程序法典》第 248.1 条第 4 款的适用：法院实践提出的问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-18 DOI: 10.17803/2311-5998.2023.109.9.076-085

O. F. Zasemkova

{"title":"Application of para. 4 of Article 248.1 of the Arbitrazh Procedural Code of the Russian Federation: issues raised by the court practice","authors":"O. F. Zasemkova","doi":"10.17803/2311-5998.2023.109.9.076-085","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.076-085","url":null,"abstract":"The article examines the practice of application of Article 248.1 of the Arbitrazh Procedural Code of the Russian Federation by Russian courts. On the basis of the doctrine and judicial practice analysis, the author highlights two approaches to the interpretation of the condition limiting the sanctioned party`s access to justice which allows to transfer a dispute to the jurisdiction of the Russian arbitration court despite the clause referring the dispute to a foreign court or arbitration. Considering each of these approaches, the author concludes that this condition should not be interpreted broadly and that the mere fact of the existence of personal or sectoral sanctions is not sufficient to establish that he has obstacles in access to justice. In order to correct the prevailing approach and to ensure a uniform interpretation of para. 4 Art. 248.1 of the Arbitrazh Procedural Code of the Russian Federation, it is proposed to adopt the Resolution of Plenum of the Supreme Court of the Russian Federation. This Resolution must contain the rebuttable presumption that the sanctions imposed by a foreign state in respect of a Russian person limit his right of access to justice and, accordingly, provide grounds for “transfer” the dispute to the jurisdiction of the Russian court.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"70 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139175246","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}

引用次数: 0

Private International Law as Art 作为艺术的国际私法

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-18 DOI: 10.17803/2311-5998.2023.109.9.041-051

M. Mazhorina

引用次数: 0

Taxation of family business: trends in legal regulation 家族企业的税收：法律监管的趋势

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-11-19 DOI: 10.17803/2311-5998.2023.108.8.162-168

N. G. Apresova

引用次数: 0