scholarly journals Influence of the Yalta Conference on the Development of Modern International Law

2021 ◽  
pp. 394-423
Author(s):  
N. A. Cherniadeva ◽  
◽  
Yu. V. Vasilyeva ◽  
Keyword(s):  
International Law ◽  
Legal Analysis ◽  
Important Place ◽  
Scientific Methods ◽  
International Legal Order ◽  
Legal Foundations ◽  
General Scientific ◽  
The Creation ◽  
Final Agreement

Introduction: the article analyzes the contribution of the Yalta conference of 1945 to the formation of the modern international legal system. We believe that the role the decisions taken at this conference played in the formation of current international law is significantly underestimated these days. The purpose of this article was to identify the elements of modern international law the formation and development of which were influenced by the Yalta Conference. For this, the following objectives were set and consistently accomplished in the course of research: to determine the role of international conferences as mechanisms for the development of international law; to identify the features of the Yalta conference; to study international legal decisions that were made during the Yalta conference. Methods: we applied general scientific methods of analysis, synthesis, interpretation, formal logic. In connection with the study of historical aspects of international legal science, the method of historical and legal analysis played a significant role. Of the specialized legal methodological tools used in the preparation of the article, we note the methods of formal legal analysis and legal modeling. Results: the article proves that the Yalta conference laid the legal foundations for new significant international legal regulations. We consider the following to be the main international legal achievements of Yalta-1945: final agreement on the creation of the UN; the creation of a completely new mechanism of international legal governance – the UN Security Council; participation in the formation of a new system of sources of international law; participation in the development of the basis of new international law; participation in the formation of a number of new branches of international law. Conclusions: the Yalta Conference marks the end of one era and the beginning of a new one, in which the UN will occupy the most important place in the system of management of international legal relations. Many decisions made in Yalta concerned the future of the international legal order, and not just the resolution of the geopolitical issues of the Second World War at its last stage.

scholarly journals Super-mandatory rules in private international law

2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 29-37
Author(s):  
Yury Alexandrovich Svirin ◽  
Sergej Nikolaevich Shestov ◽  
Vladislav Petrovich Sorokin ◽  
Marina Andreevna Simanova ◽  
Catherina Aleksandrovna Kukhturskaya
Keyword(s):  
International Relations ◽  
International Law ◽  
Private International Law ◽  
Legal Analysis ◽  
Effective Protection ◽  
Scientific Methods ◽  
Special Scientific ◽  
Mandatory Rules ◽  
General Scientific ◽  
Definition Of

The article studies the concept and the need to apply super-mandatory rules in international private relations. The concept of super-mandatory rules emerged in international law in the 20th century. However, different countries provide various definitions of such rules and develop different practices of their application. The diversification of this concept hinders the effective protection of violated rights and obligations of parties to international relations. Analyzing different acts of international law, the authors of the article offer their vision of super-mandatory rules. Methods: The topic was studied through general scientific methods and special scientific methods, including system-structural, historical, technical-legal analysis, comparative jurisprudence, etc. The objective is to examine the application of super-mandatory rules (in particular, their possible application in international private relations), as well as determine and formulate their essence. Results: The authors have studied the application of super-mandatory rules in various countries, including Russia. They have also formed the definition of super-mandatory rules and considered the possibility of their application in Russia.

scholarly journals PHILOSOPHICAL AND LEGAL NATURE OF THE LAW PRINCIPLE: METHODOLOGICAL PROBLEMS OF RESEARCH

2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov
Keyword(s):  
Public Relations ◽  
Point Of View ◽  
Integrative Approach ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Legal Nature ◽  
General Scientific ◽  
Methodological Problems ◽  
The Law ◽  
Ontological Aspect

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.

Part I International Refugee Law— Reflections on the Scholarly Field, Ch.2 Race, Refugees, and International Law

2021 ◽  
Author(s):  
Tendayi Achiume E
Keyword(s):  
International Law ◽  
Racial Discrimination ◽  
Race And Ethnicity ◽  
International Human Rights Law ◽  
Legal Analysis ◽  
Refugee Law ◽  
International Refugee Law ◽  
And Gender ◽  
Role Of Religion

The experiences of refugees are heavily mediated by race and ethnicity, and international law plays a significant role in this mediation—in some cases offering important protections, and in others entrenching discrimination and exclusion. This Chapter makes four contributions. First, it articulates a structural and intersectional account of race, racial discrimination and xenophobic discrimination as essential starting points for international legal analysis of race and refugees. This analysis includes the overlap and distinctions between racial and xenophobic discrimination, as well as the role of religion, class and gender in shaping racial discrimination against refugees. Secondly, it reviews the doctrine on race and refugees in international refugee law and international human rights law, and maps the attendant academic literature analyzing this law. Thirdly, the Chapter canvasses legal scholarship that has examined the structure, history and development of the international refugee regime in relation to race. Finally, it concludes with reflections on a research agenda on race and refugees.

scholarly journals Formation and Development of Penitentiary Institutions in Yekaterinodar (Second Half of the 19th–Early 20th Centuries)

2021 ◽  
pp. 826-834
Author(s):  
Irina Izyumskaya
Keyword(s):  
Sharp Increase ◽  
State Archive ◽  
Historical Experience ◽  
Scientific Methods ◽  
Legal Reforms ◽  
The Status ◽  
General Scientific ◽  
The Impact ◽  
Historic Background

Introduction: the article is devoted to the historic background of the prison system in the Kuban and features of the prison institutions formation in Yekaterinodar – the center of the Kuban Oblast, formed in 1860. The article, based on the comprehension of historical experience and analysis of archival materials, shows the impact of the 1860– 1870 state-legal reforms on construction of new and enlargement of current prisons and studies the specifics of prisoner detention conditions. It reveals the role of the Yekaterinodar Military Prison Committee “Prisons Custody Society” in enhancement of Yekaterinodar’s penitentiary institutions: organization of places of detention and provision of the necessary detention regime; control over detainee’s welfare; improvement of medical care for prisoners, etc. Purpose: to reflect development features of penitentiary institutions in the Kuban as a whole and Yekaterinodar in particular. The methodological basis of the research consists of philosophical, general scientific and private scientific methods (dialectical, system-structural, historical-genetic, comparative, formal-legal, etc.). Discussion: based on a brief analysis of the works of N.I. Galkina, N.V. Slavinskii, M.K. Batchayeva, S.A. Lobova, etc., devoted to the issues under consideration, as well as the study of materials contained in the funds of the State Archive of Krasnodar Territory, the author presents chronological background of formation and development of the Kuban prison institutions. As a result of the conducted research, the researcher comes to the following conclusion: since Yekaterinodar acquired the status of a civil city in 1867, there was a sharp increase in out-of-town visitors, which led to a rise in the number of crimes and, accordingly, persons serving sentences in the form of imprisonment. It involvedthe expansion of existing prison facilities and construction of new ones, in particular, the Yekaterinodar regional prison in 1876. The establishment of the Yekaterinodar Military Prison ommittee “Prisons Custody Society” in 1867, which was in charge of the entire Kuban penitentiary system, helped achieve some success in prison guardianship within its competence. The development of guardianship in relation to prisoners should be considered one of the mechanisms that solved the problem of improving prisoners’ situation. This activity was financed by state and private charitable funds. The author also notes that the Kuban prisons addressed acute problems, characteristic, however, of the entire penitentiary system, such as insufficient funding of prison facilities, unsuitability of prison facilities, i.e. overcrowding, and harsh detention conditions.

scholarly journals The development of customs law in the scope of Eurasian integration

2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina
Keyword(s):  
Public Relations ◽  
International Law ◽  
Social Relations ◽  
Administrative Law ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
The Relationship ◽  
Further Development

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

scholarly journals Problems of Regional Participatory Budgeting Practices

2021 ◽  
Vol 13 (4) ◽  
pp. 110-121
Author(s):  
Vera V. Levina ◽  
Keyword(s):  
Comparative Research ◽  
Participatory Budgeting ◽  
Budget Planning ◽  
Scientific Methods ◽  
Planning Optimization ◽  
General Scientific ◽  
Ambiguous Effect ◽  
Regional Budgets ◽  
Selection Of

This paper discusses the various aspects of participatory budgeting as a regional practice. Using Tula region as the example, the author analyzes the problems associated with the selection of projects, the involvement of residents in the process of preparing projects, and the organization of financing. The study has mainly used general scientific methods of systems-structural and structural-functional analysis as well as comparative research. It is established that the consolidation of the participants’ interests is a prerequisite for the preparation and selection of a larger number of participatory projects. Reasons for the prevalence of educational projects and the institutional mechanisms of their preparation are shown. In addition, the article addresses the role of the residents’ interest in the implementation of projects as an intermediate link between their awareness and involvement. Based on the analysis, it is concluded that involvement management and budget planning optimization have a multidirectional effect on the modernization of proactive budgeting mechanisms. As a result, significant amounts of subsidies from regional budgets have been found to have an ambiguous effect on the efficiency of involving residents in the processes of proactive budgeting. Recommendations for improving regional practices of participatory budgeting are formulated; these include control of the number of participants in the preparation of projects and voting, more attention to mechanisms for coordinating the interests of participants in proactive budgeting, and modernization of the mechanism for distributing subsidies. The article proposes the optimal balance of citizen involvement in participatory budgeting and co-financing of their initiatives from municipal and regional budgets.

scholarly journals Temporal justification of M. Heidegger’s ontological differentiation: simultaneity

2020 ◽  
Vol 3 ◽  
pp. 30-39
Author(s):  
Varvara Oleinik ◽  
Keyword(s):  
Fundamental Principle ◽  
The Self ◽  
Ontological Difference ◽  
Dual Nature ◽  
Problem Of Time ◽  
Scientific Methods ◽  
Fundamental Ontology ◽  
Hermeneutic Phenomenological ◽  
General Scientific

Introduction. The article considers the ontological difference as a fundamental idea dividing M. Heidegger’s ontology into two levels. The author proposes an explication of temporal foundations for the main principle of fundamental ontology, the ontological difference, on the basis of existential analytics of Dasein. It is assumed that the organization of Dasein is a micromodel of being in general, which is the ultimate goal of M. Heidegger’s philosophical work. The aim of the study is to explicate the phenomenon of simultaneity as the ontological basis of the temporality of Dasein as a result of philosophical analysis, Methods The author uses hermeneutic, phenomenological and some general scientific methods such as analysis, synthesis, and abstraction. The scientific novelty of the study. When analyzing the self as an existential center of Dasein the author reveals the ontological duality of the first and, as a consequence, of the entire model of existence. The phenomenon of existence towards death is analyzed in the context of existential gap in the centre of the Dasein self, which gives rise to different ways of Dasein being - genuine and non-genuine; the author considers and analyzes the whole structure of the temporal Dasein in the light of the thesis of the human existence finiteness. On the basis of this idea, the key role of simultaneity is revealed, which becomes the ontologically initial concept in relation to the whole Dasein system of being and, accordingly, the fundamental ontology. It is suggested that the ontological difference is based on the more fundamental principle of temporal synthesis. Results. The author presents a model of Dasein existence structure on the basis of the dual nature of the self, with the simultaneity belonging to the ontologically determining specificity of the organization. Conclusions. The temporal justification of ontological differences reveals a feature of fundamental ontology, which consists in a specifically transformed dialectic of being and nothing. The study shows that fundamental ontology offers an atypical approach to the problem of time.

scholarly journals Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

2020 ◽  
pp. 145-153
Author(s):  
R. M. Khalafyan
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Phase ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Social Phenomena ◽  
Scientific Methods

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

scholarly journals Evolution and content of the principle of peaceful settlement of international disputes in International Law

KPGT_dlutz_1 ◽  
2020 ◽  
Vol 34 (3) ◽  
pp. 164-180
Author(s):  
Igor Anisimov ◽  
Elena Gulyaeva
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
Vital Role ◽  
Legal Analysis ◽  
Legal Study ◽  
Sovereign Equality ◽  
Peaceful Settlement ◽  
Domestic Jurisdiction ◽  
Settlement Evolution

This article introduces a brief outline of the inter-State conflict types. The evaluation considers the principle of peaceful disputes’ settlement evolution from antiquity to the present based on the legal analysis of historical and international legal sources. The article looks at the content of this principle and a comparative legal study of peaceful dispute resolution laid down in the UN Charter and other international legal instruments. The authors conclude that the peaceful international disputes settlement is a complex, integrated principle with several interrelated elements and the content incorporated in various international legal instruments. The article highlights the vital role of appropriate freedom of States to choose the remedies of settling their disputes. This right is a corollary to two interrelated international law principles – the sovereign equality of states and non-interference in matters within their domestic jurisdiction.

scholarly journals Legal analysis of the content of the category «criminal law impact»

2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Final Conclusion ◽  
Legal Analysis ◽  
Scientific Methods ◽  
The Social ◽  
Legal Nature ◽  
General Scientific ◽  
The Relationship

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.

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