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Courier of Kutafin Moscow State Law University (MSAL))

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No 4 (2017)
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К 80-ЛЕТИЮ СО ДНЯ РОЖДЕНИЯ О. Е. КУТАФИНА

EXPERT OPINION

28-40 418
Abstract
The author, basing on foreign and domestic literature, proves advantages of civilizational-cultural approach as new gnostic paradigm that replaced formational one. She also defines «civilization» and «culture» categories, their correlation and interdependence. Finally the author shows opportunities of using civilizational-cultural approach in comparative legal researches.

OFFICE BOOKSHELF

41-55 275
Abstract
The year 2017 marks the 300th anniversary of the publication of the first original Russian work on public international law, P. P. Shafirov’s (1673-1739) Discourse on the Just Causes of the War between Russia and Sweden (St. Petersburg, 1717). This article addresses the diplomatic context of this work, the legal grounds in the Russian view for the Northern War against Sweden, the violations of international law allegedly committed by Sweden, the importance of the work for measuring the extent to which European ideas and practices of international law had been assimilated into the Russian language, the contributions of Russia to the development of “western" international law, the role of Shafirov as an international lawyer, and the importance of contemporary German and English language translations of Shafirov’s work.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. КОНЦЕПТУАЛЬНЫЕ ОСНОВЫ СРАВНИТЕЛЬНОГО ПРАВА

56-80 860
Abstract
The article outlines the features of the mechanism of legal regulation in foreign legal families. The main sources of law are considered as the most important elements of this mechanism. Reveals the specific forms of interaction and complementarity of such sources of law as legislation, judicial precedent, legal doctrine in the sphere of legal regulation of social relations
81-90 346
Abstract
The article is devoted to the continuity of legal system development. The author considers the concept and types of legal continuity. The continuity in the content of legal system is also examined. In the process of the research characteristics of the continuity between legal systems are discovered. The author uses national and foreign legal experience.
91-97 740
Abstract
In the article the analysis of mixed legal systems. The author pays special attention to so-called hybrid legal system, that is, of the community of States with elements of two classic legal families - the Anglo-American and Romano-Germanic.

ИСТОРИЯ СРАВНИТЕЛЬНОГО ПРАВА

98-123 238
Abstract
It is proved that the second half of the XVIII - the first third of the XIX century became the period of the final separation of legal knowledge from philosophy and the formation on its basis of a positive, social, empiri cal legal science. It is demonstrated that scholars of that time unequivocally recognized the autonomy of the science of positive law, including the formation of its own system of concepts based on empirical research, and also denied the possibility of natural law as the proper law. Therefore, as the author shows, the historical-philosophical and historical directions of legal thought can be considered different sides of the early formation of positivism. In their teaching there had been formed a combination of empirical legal knowledge and legal doctrine, legal science was recognized as a separate field of activity of a lawyer. It was also recognized that the subject of legal science transcends the national legal order and encompasses the diversity of legal orders and their interaction. Legal science itself, on the basis of empirical knowledge, creates a general teaching on law. Therefore, the comparative legal approach became inevitable, its importance for the construction of legal knowledge was widely recognized, conceptualized and not objected.

ЗАРУБЕЖНОЕ ПРАВО

124-133 253
Abstract
In the pioneering societies where the creation of federative state had begun from the zero level, the executive power wasn't strong and legislative power had a consolidated effect mainly in the moment of consti tutionalization. In the relations between federative center and sub-units the courts were of high importance functioning as arbitrator. But the courts beginning with the power expansion have turned partisan. They have helped to centralize young federative states. This process was developing rapidly in the USA and in Australia where there were not acts of clear separatism it look place in less obvious manner.
134-144 282
Abstract
Organisation of supreme power in the First Kingdom of Jerusalem (1099-1187) during the first one third of the XII century was transformed into investiture controversy Correlation of European and Near East events of the XI-XII centuries enables to say that confrontation between the king and patriarchs of Jerusalem strongly differed from one taken place between popes and emperors of the Holy Roman Empire. While analyzing Latin and Old French sources of the XII-XIII centuries author observes in details conflict of the crown and the church concerning the possession of Jerusalem. He also focuses on the Council of Nablus’ role in regulating of king and patriarch mutual claims to the power over the kingdom. In the final part of the research the author with help of the text of coronation order of the kings of Jerusalem proves his own hypothesis that only the latter were real rulers of the kingdom.
145-151 444
Abstract
Dispute resolution can be deemed as a communication in a course of which the parties and their representatives try to persuade the judge and as a result of which the judge renders a decision. This article discusses the psychological aspects of decision making. Both the parties and the judges should be aware of these factors in order to improve decision making process. Keywords: judicial decision, Russian foreign, right.

ОБРАЗОВАТЕЛЬНАЯ СРЕДА

152-159 265
Abstract
The objectives of the work are to form an opinion about the development of innovative forms of pedagogical practice and practice of scientific work organization in the sphere of comparative law based on experience of Kazan Federal University (KFU) and collaborative projects between KFU and Kutafin Moscow State Law University (MSAL). In the article the needs for the said innovative forms application are considered, arguments “For” the work with said innovative forms both in substantial and methodological character are drawn. The next contemporary forms of work and projects managing are analysed: round tables in multi-media format, scientific and educational trips to foreign sates, electronic educational resources.

TRIBUNE FOR YOUNG SCIENTIST

160-165 264
Abstract
In this article the author inspects legal requirements for companies engaged in development of German continental shelf. Special attention is paid to issues of meeting technical requirements, licensing and environment protection.
166-175 393
Abstract
. In this article the legislative process in Great Britain is observed with an emphasis on its regulation. The author describes step-by-step the stages of legislative process in the British Parliament: from the legislative initiative to the publication. While describing it the author points out to the similarities and differences of legislative procedures in other common law states.

ЮРИДИЧЕСКОЕ НАСЛЕДИЕ



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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)