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As the U.S. presidential election hits high gear, the candidates and U.S. government won’t let the infiltrations earlier this year fade away.
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The article shows the contribution of the spiritual intelligentsia to the formation and development of justice on the territory of Ancient Russia. The analysis of legal sources indicates considerable influence of Byzantium on the formation of regulatory base and justice of Russia. Raised are the questions of judicial powers of the Old Russian episcopate in relation to judicial disputes of laymen and clergy. The empirical material is presented by quotes from the legal documents of Byzantium and Ancient Russia confirming theoretical views of the author.
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The article demonstrates how references to Nazi and Soviet past are perceived and evaluated by the European Court of Human Rights. Individual cases concerning Holocaust and Nazism, which the Court has examined so far, are compared here to judgments rendered with regard to Communist regime. The article proves that the Court treats more leniently state interference with freedom of expression when memory about Nazism and Holocaust is protected than when a post–Communist state wants to preserve a critical memory about the regime. The authors of the article agree with the attitude of the Court which offers a wide margin of appreciation to states restrictively treating references to Nazism and Holocaust, including comparisons to the Holocaust, Nazism or fascism used as rhetorical devices. At the same time they postulate that other totalitarian systems should be treated by the Court equally.
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This paper analyzes the main approaches to the institutional method of studying legal phenomena in Russian legal science. The attention is focused on the problem of understanding the essence of legal institution. It is established that treating laws and legal institutions as interchangeable concepts is currently an archaism in legal science, which impedes the development of the idea of institutions as the basic legal categories.
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The rules of the legislative (representative) body of state authority in the subjects of the Russian Federation form a relatively independent group of normative legal acts, the nature of which is controversial. The theory of normative legal acts is focused, as a rule, on problems concerning their development, practice, and implementation. The practice of constitutional (statutory) courts complements the scientific view of nature, content, and characteristics of parliamentary rules.
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The paper is devoted to the study of issues on definition of the legal capacity of the state as a participant of civil-law relations, an area that needs improvement of the legal regulation. The aim of the paper is to determine the legal capacity of the state with regard to the threetiered system of its involvement in civil relations, as well as to consider problems concerning the responsibility of officials for actions of the state and its bodies. The conclusion is made about the need to ensure accountability of officials for harm caused by the state.
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The paper analyzes the current legal doctrine of natural and entity persons in civil and family laws in terms of their comparative analysis and sectoral characteristics. Discussion on the suggestion to waive the mainly civil approach to definition of the legal and active capacity is encouraged. This led to the suggestion that the sectoral theoretical conclusions can be brought in line with the general theory of law. The modern scientific material on the theory of law is used. Innovative suggestions in this area of knowledge are presented. An attempt is made to extend particular suggestions to the area of family law. We introduce our own definition of such sectoral concepts as legal capacity and active capacity. The necessity of their determination based on a thorough analysis of research works of both Soviet and current periods in the development of legal thought is proved.
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The paper is devoted to the study of urgent problems which appear as courts apply the rules on responsibility for improper fulfillment of alimony obligations. In order to secure the judicial practice uniformity, it is suggested to improve the legal regulations on application of material sanctions for the delay or failure to fulfill alimony obligations.
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Adoption of suspensive regulations when introducing new penal sanctions is subjected to criticism. The legal status of persons sentenced to imprisonment and penal labor is considered from the point of legal comparativistics. Similarities are found between serving the imprisonment sentence as penal labor and in penal colonies. Therefore, it is suggested to introduce a new denomination – custodial restraint with compulsory assignment of the sentenced person to labor instead of penal labor.
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It is universally accepted that an arbitral award can be challenged if the arbitrator did comply with the agreement of the parties (cf. Art. V of New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958). However, theory and practice do not always meet. Many jurisdictions seem to allow the arbitrator to deviate from such agreement without effect to the award. The article focuses on the question as to which extent the arbitrator is bound by the state/national law chosen by the parties or applicable but by virtue of international private law. Common wisdom has it that an arbitral award cannot be annulled or denied recognition because the arbitrator erred in the interpretation of the substantive law. Author accepts that in a motion to challenge an arbitral award the state court shall not act as some kind of court of appeal. Therefore, arbitrator must not apply the substantive law in the same way the courts of the respective country do, but he is obliged and the state court is competent to review, whether the award has been made in accordance with the agreement of the parties. To this end, the arbitration clause must be carefully interpreted to find out what the parties by choosing, e.g., Swiss law really meant: namely, “law” and not a paralegal regime like ex aequo et bono, as well as “Swiss” – and not German, English etc. Unless this is shown in the reasons of the award, it may be annulled or denied recognition for not being in accordance with the agreement of the parties.
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RESEARCH OBJECTIVE: To analyze the discourse surrounding the legislative process for the “Commission to Study Reparation Proposals for African Americans Act” in order to identify the arguments and objectives of reparations for African Americans. THE RESEARCH PROBLEM AND METHODS: Research questions: what purposes would be served by paying reparations and how important is the economic component in the discussion process. We used MAXQDA to analyze the content of legal documents (bills, resolutions) and hearings before the subcommittee (recording of June 19, 2019, 3:39:57 and recording of February 17, 2021, 3:09:26) and prepared written witness statements (9 people testifying in 2019 and 7 people testifying in 2021). THE PROCESS OF ARGUMENTATION: The text analyzes the evolution of the arguments and proposals aimed at establishing the “Commission to Study Reparation Proposals for African Americans Act” what the first step is towards identifying and paying reparations to African Americans with a focus on the 2019 hearings before the Congressional Legislative Committee. RESEARCH RESULTS: The reparations debate is waged in moral, emotion ally charged terms where those involved in the discourse refer to their heritage. Contrary to the narrative of the opponents of reparations, the economic aspect and the financial benefits on an individual level are not the primary focus of the debate for the proponents. Since the solution was introduced for debate in 1989, there has been a visible increase in support for the project in both Congress and the American public. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Given the contemporaneity and importance of the phenomenon, further analysis of the discourse is necessary, particularly if a “Commission to Study Reparation Proposals for African Americans Act” is established and, as designed, prepares its report and recommendations.
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The Judgment of the International Court of Justice in The Hague in the case of Bosnia and Herzegovina against Serbia and Montenegro established that Serbia is responsible for non-preventing and not punishing the crime of genocide committed in Bosnia and Herzegovina, more precisely in and around Srebrenica. Following the Judgment, a discussion was launched within the general public on the possible initiation of a revision of the Judgment. The paper discusses whether Bosnia and Herzegovina had new evidence of “decisive” importance for initiating a revision of the Judgment. In that sense, the author analyzes the Judgment in the case of Bosnia and Herzegovina v. Serbia and Montenegro. In that sense, the author states what could have been the goal of the revision of the Judgment, and what “new” evidence was available to Bosnia and Herzegovina. Finally, the author concludes that Bosnia and Herzegovina did not have evidence of “decisive” importance for initiating the revision of the Judgment.
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Post-communist countries’ processes on their way to the European Union (EU) have extensively proceeded simultaneously with their transition from communism to democracy. The regime change led to a process of “coming to terms with the past” in the sense that these countries took transitional justice measures for the crimes and practices of the former authoritarian regimes. In this regard, Albania is a case worth considering as a part of the current EU enlargement agenda. As a country that was not involved in the ethnic wars between the former Yugoslavian countries, Albania experienced a different historical pace of a communist past with its peculiarities. This article mainly aims to analyse Albania’s coming to terms with its communist past and thus the transitional justice measures implemented in its EU process. The main argument of the article is twofold: First, EU impact was limited when Albania started its transitional justice period in the 1990s. This was due to the fact that progress in the EU process of Albania in terms of EU candidacy was enhanced in the 2000s and the impact of the strict EU conditionality became evident in these years as well. Secondly, the current international circumstances, in which the rivalry between Russia as well as China, and the West is at its peak in the so-called Western Balkans region, could allow Albania to be more closely aligned with the EU, which in turn may provide the necessary conditions for deeper reforms to come to terms with its past.
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The aim of the paper was to present fundamental assumptions of axiology of law by Stanisław Czepita and broadly formulate his scientific attitude. As to the second issue, his approach can be described as analytical. The analytical sources of Stanisław Czepita’s scientific approach can be identified in three layers. Firstly, he attached great importance to conceptual analysis. Secondly, he treated the particular legal sciences very seriously, particularly civil law dogmatics. Lastly, Stanisław Czepita developed cooperation with the philosophy of language, semiotics and the philosophy of logic. As to axiology of law, at the beginning of his research he was a moderate cognitivist but later he accepted that values exist objectively and that they are cognizable. Although Stanisław Czepita belongs to the analytical camp, one can classify him as an iusnaturalist. In other words, analytical approach can be easily combined with cognitivism and formulating moral demands towards law.
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Within the fourteen pages of papyrus housed in the P. Philammon codex, now published as P. Aktentuch in its second edition and preserved at the Berlin Museum, six fragments reveal seven distinct judicial decisions. These documents pertain to criminal cases heard before a provincial governor in one of Egypt's provinces or even before the prefect of Egypt himself during the late 4th century AD. The second and fourth cases involve two murder cases with female protagonists, showcasing strikingly similar circumstances. In both instances, a woman, a wife in the first case and a girlfriend in the second, is discovered by her husband or boyfriend in a compromising situation with her lover. In one case, she falls victim to violence, while in the other, she takes up the weapon herself, possibly in a bid to defend her own life. The comprehensive documentation of these two legal proceedings, which adhere to the typical characteristics of cognitiones extra ordinem before Roman provincial governors, provides an insightful perspective on the treatment of crimes of passion, within the context of prevailing imperial regulations.
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The practice of wet-nursing spread in Roman times as early as the late Republic even more during the Imperial age. It is widely believed in the literature that it was the Antonine emperors who curbed this trend and favoured the role of mothers. However, there is no specific legislative intervention handed us to us, but some legal and literary sources confirm the widespread interest in this topic at the time.
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This study aims to present to the readers the achievements of Russian literary scholar Vladimir Propp and to analyse the possibility of applying them in jurisprudence. Propp researched literary pieces from the magical tale genre and came to a conclusion that their plot is composed of 31 repeating functions performed by 7 types of characters. Propp showed that despite variations in the names of actions, characters and superficial attributes in various folk tales, the deep level of the text of these works allowed readers to notice some identical elements between them. Propp’s major work - Morphology of the Folktale, together with anthropologist Claud Lévi-Strauss’s thought and the findings made by Noam Chomsky became an inspiration for the development of the French school of structuralism and narratological research. The discussion presented in this article fits the research realm called law and literature, especially its narratological branch. This study presents a synthetic elaboration on the state of the art of research on legal narratology and possible application and limitations of Propp’s thought in this field. This work does not rely on the analysis of the law in force, thereby a reference to such a method or a reference to the historical development of relevant law is unnecessary here. Instead, discourse analysis plays the pivotal role in this article. This paper points out that given the differences that occur between law and literature, Propp’s achievements may primarily play the role of inspiration for jurisprudence, though there are realms in which Propp’s method may be applied directly.
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