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Legal thought: history and contemporarity
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3–12
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Though the distinction between public and private law has been known from the Roman law times, the conception of a legal person in these spheres is disputable in the countries with various legal traditions. For a long time the term public law has not been used in Russian law and by legal doctrine. Nevertheless, the legal reform makes it necessary to develop this category. The legal person in public law has features similar to those the legal person in private law possesses, but at the same time there are some distinctions. Distinct features of a legal person exist in public law in Russian and foreign legislation. There is a tendency to make difference between these categories though there are features similar to legal persons in public and private law. |
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13–33
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Baldi de Ubaldi (1327—1400) is a famous European lawyer of the Middle Ages. He was one of the famous representatives of the school of post glossatories known as the author of commentaries to Justinian Code as well as a practical lawyer. Baldi suggested classification of jus gentium into personal law by bodies, things and circumstances, so making in fact a background for the division of law into public and private parts. He also developed statute theory which argued the similar character of the personal and the exterritorial. |
Russian law: conditions, perspectives, commentaries
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34–50
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In the article the author analyzes the main periods of the judicial reforms in Russia and presents the generalization of some trends and traditions of such development. The justice surely has social value as a factor of civilization, progress and renovation. An outline of judicial reforms permits to look at the process of modernization of courts structures, activities and its results during various historical periods. The author demonstrates that practically at every stage of Russian history conducting judicial reform was not an easy thing to do. Nevertheless, these reforms mainly achieved their goals and appeared to be a success of universal, Western-born legal values. |
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51–63
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The arbitration courts have become an important part of the Russian legal system. The question concerns the distinct features of the legal proceeding in these courts in comparison with traditional courts of civil jurisdiction. At present there are new tendencies which make the proceedings in the arbitration courts more professional. Such trends will permit to improve justice in the proceedings of regulating economic conflicts, to cut down the terms of legal review of cases. It is especially important for citizens’ activities in the economic sphere. |
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64–76
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According to the Tax Code of the Russian Federation the executive bodies have limited powers in tax regulation. The taxation is connected with limitation of the property right. The point is that in practice the legislative limitations for the executive lawmaking are not realized adequately. The author also argues that in real life it is very difficult for a person to appeal against the act adopted by an executive body ultra vires legislative limitations. |
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77–85
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After adoption of the Housing Code the position of the several categories of individuals, including family members and former family members of the lodging proprietor, has worsened. The author considers that it is necessary to develop legislation defending their rights. |
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86–96
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The Russian Labour Code is rather chary concerning employees’ collective actions. Actually, it deals only with one form of such actions – a traditional strike, and in the narrowest meaning of the term. And as far as lockouts are concerned the Code is even more stingy. All this brings about a question of sufficiency of statutory protection of employees participating in actions that are not considered to be strikes, or affected by employer’s actions that are not regarded as lockouts. This article contains analysis of some theoretical aspects of the Code provisions concerning strikes and lockouts and their practical consequences in comparative context, with allusions towards international labour standards and foreign labour legislation. The author also makes some suggestions concerning areas and ways of eliminating the corresponding doctrinal and legislative lacunas in the Russian labour law. |
Law in the modern world
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97–109
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When Islamic law had been formed during centuries it was developing within different schools of Islamic legal doctrine which played role of its main source. The sphere of Islamic legal norms implementation was limited by local customs, legal traditions of nonmuslims, positive legislation and European law according to “capitulations treaties. In 19-th century political and legal reforms changed deeply the role of Islamic law as well as its relations with state and positive legislation. At present Islamic law is still one of main elements of legal systems of Muslim countries. In some of them it plays the leading role while in others it is subordinate to positive legislation based on European legal patterns. Now the contemporary Islamic law has already emerged. It differs from the traditional Islamic law, its form and contents. The positive Islamic legislation is the most specific feature of the contemporary Islamic law. |
Discussion club
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110–117
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The problem of natural law rights has been periodically discussed in Russian liberal legal literature. The new wave of discussion has begun after adoption of the Russian Constitution of 1993. The author analyzes the western conceptions of human rights and compare them with distinct approach in Russian legal thought. |
Book review
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118–121
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The author gives analysis of the new book «Commentaries to the Constitution of the Russian Federation» (Moscow, 2009). |
Law in Figures
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122–124
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The article contains the statistical data on the activity of the arbitration courts in Russia in the first half of 2008. |
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