Pub Date : 2023-01-01DOI: 10.31857/s102694520027259-5
Alexander N. Savenkov
The article examines the Russian Philosophy of Law, reveals its theoretical and value potential to be the basis of the modern national legal ideology of Russia. The views of K.S.ºAksakov, N. Ya. Danilevsky, N.A. Berdyaev, I.A. Ilyin are analyzed, who, according to the author, managed to show the essence of the Russian national character and Russian statehood in their works. It is argued that the Russian Philosophy of Law, which reached its apogee in the XIX – first third of the XX century, is not only not outdated at the present time, but should become the basis of modern theoretical research in the field of national state-building, the formation of domestic and foreign policy of the Russian state. The system-forming nature of the Philosophy of Law for fundamental legal sciences is revealed.
{"title":"The Philosophy of Law in Russia as the ideological and theoretical basis of the national legal ideology: history, modernity and prospects","authors":"Alexander N. Savenkov","doi":"10.31857/s102694520027259-5","DOIUrl":"https://doi.org/10.31857/s102694520027259-5","url":null,"abstract":"The article examines the Russian Philosophy of Law, reveals its theoretical and value potential to be the basis of the modern national legal ideology of Russia. The views of K.S.ºAksakov, N. Ya. Danilevsky, N.A. Berdyaev, I.A. Ilyin are analyzed, who, according to the author, managed to show the essence of the Russian national character and Russian statehood in their works. It is argued that the Russian Philosophy of Law, which reached its apogee in the XIX – first third of the XX century, is not only not outdated at the present time, but should become the basis of modern theoretical research in the field of national state-building, the formation of domestic and foreign policy of the Russian state. The system-forming nature of the Philosophy of Law for fundamental legal sciences is revealed.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502206","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}
Pub Date : 2023-01-01DOI: 10.31857/s102694520024304-5
Petr Yu. Naumov
Like all mankind, law and the state as social phenomena and institutions are entering a new, non-equilibrium and dynamic phase of their development. The dynamics of this development clearly demonstrates several interconnected trends. These tendencies include: expansion of global integration processes with deepening contradictions between states and social groups; demolition of consolidated international legal norms; strengthening the role of the military component of International Law and its use in the implementation of global politics; an increase in the threat of global shocks (epidemics, wars, local conflicts, famine and energy crisis). Humanity is at the point of bifurcation, when the desire to satisfy the greedy interests or pathological needs of individual subjects can throw civilization into the darkness of the cruel past, where the “right of equal” and “the right of the legal” will be replaced by the “right of the strong”. Intellectual and intelligent social strata in the indicated conditions are called upon to form theoretical and methodological springboards to counter new negative trends, challenges and threats. One of the forms of such work is the preparation and publication of scientific works that reveal the opposite side of the barbaric way of being - law and values. Through the knowledge of law and social values, as well as the values of law, the evolutionary and civilization path of modern mankind is clearly demonstrated. In this aspect, the book “State and law: human rights and the world order based on the Rule of Law”, published in three volumes, is a clear example of how to resolve these contradictions. The authors present in the article their own reflections on the value concepts of the publication. These arguments are given from the socio-philosophical and psychological points of view. The axiological characteristics embedded in the book and the value-semantic premises addressed to the potential reader are consistently highlighted.
{"title":"The value of law and legal values in a globalizing world (Axiological review of the book “State and law: human rights and the world order based on the Rule of Law”)","authors":"Petr Yu. Naumov","doi":"10.31857/s102694520024304-5","DOIUrl":"https://doi.org/10.31857/s102694520024304-5","url":null,"abstract":"Like all mankind, law and the state as social phenomena and institutions are entering a new, non-equilibrium and dynamic phase of their development. The dynamics of this development clearly demonstrates several interconnected trends. These tendencies include: expansion of global integration processes with deepening contradictions between states and social groups; demolition of consolidated international legal norms; strengthening the role of the military component of International Law and its use in the implementation of global politics; an increase in the threat of global shocks (epidemics, wars, local conflicts, famine and energy crisis). Humanity is at the point of bifurcation, when the desire to satisfy the greedy interests or pathological needs of individual subjects can throw civilization into the darkness of the cruel past, where the “right of equal” and “the right of the legal” will be replaced by the “right of the strong”. Intellectual and intelligent social strata in the indicated conditions are called upon to form theoretical and methodological springboards to counter new negative trends, challenges and threats. One of the forms of such work is the preparation and publication of scientific works that reveal the opposite side of the barbaric way of being - law and values. Through the knowledge of law and social values, as well as the values of law, the evolutionary and civilization path of modern mankind is clearly demonstrated. In this aspect, the book “State and law: human rights and the world order based on the Rule of Law”, published in three volumes, is a clear example of how to resolve these contradictions. The authors present in the article their own reflections on the value concepts of the publication. These arguments are given from the socio-philosophical and psychological points of view. The axiological characteristics embedded in the book and the value-semantic premises addressed to the potential reader are consistently highlighted.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135051906","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}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027664-1
Liliya V. Borisova
Based on the analysis of federal laws and by-laws of the Russian Federation and its new subjects, the article outlines certain areas for harmonizing legislation in the field of protecting the health of children studying in educational institutions. The necessity of mono-subject, inter-object and hierarchical static harmonization of normative legal acts in this direction is shown in order to adapt to the existing realities and ensure the consistency and stability necessary for law enforcement practice.
{"title":"On some directions of harmonization of legislation in the sphere of health protection of children studying in general educational organizations in the context of the inclusion into the Russian Federation of new subjects","authors":"Liliya V. Borisova","doi":"10.31857/s102694520027664-1","DOIUrl":"https://doi.org/10.31857/s102694520027664-1","url":null,"abstract":"Based on the analysis of federal laws and by-laws of the Russian Federation and its new subjects, the article outlines certain areas for harmonizing legislation in the field of protecting the health of children studying in educational institutions. The necessity of mono-subject, inter-object and hierarchical static harmonization of normative legal acts in this direction is shown in order to adapt to the existing realities and ensure the consistency and stability necessary for law enforcement practice.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135057217","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}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027737-1
Valerii V. Melnik
In the article, using the methodology of system analysis an integrated approach using the ethical concepts of good and evil and other categories of general and professional ethics, the moral and psychological foundations of the special military operation in Ukraine and the criminal liability of Ukrainian neo-Nazis, their NATO accomplices for crimes against the peace and security of mankind are considered. By implementing this special military operation, Russia is acting on the side of Good, as evidenced by the humanistic orientation of this method of warfare to protect people from genocide and other crimes against the peace and security of mankind committed by the neo-Nazi Kiev political regime acting on the side of world evil and its Western allies - NATO countries led by the United States of America, arming Ukrainian neo-Nazis and their Western mercenaries with modern lethal weapons. The fact that Russia is acting on the side of Good and not evil in this armed struggle is also evidenced by the humane style of this special operation, during which Russian servicemen show not only humanism, but also patriotism, courage, courage and heroism. For our servicemen acting on the side of Good, these high moral and psychological qualities in extreme situations of a special military operation are manifested in inseparable unity with noble rage and reasonable determination, which in a combat situation act as a kind of spiritual catalysts that ensure the manifestation of genuine courage, courage, heroism and patriotism in the behavior of sane people.
{"title":"Moral and psychological foundations of the special military operation in Ukraine and the criminal liability of Ukrainian Neo-Nazis for crimes against the peace and security of mankind","authors":"Valerii V. Melnik","doi":"10.31857/s102694520027737-1","DOIUrl":"https://doi.org/10.31857/s102694520027737-1","url":null,"abstract":"In the article, using the methodology of system analysis an integrated approach using the ethical concepts of good and evil and other categories of general and professional ethics, the moral and psychological foundations of the special military operation in Ukraine and the criminal liability of Ukrainian neo-Nazis, their NATO accomplices for crimes against the peace and security of mankind are considered. By implementing this special military operation, Russia is acting on the side of Good, as evidenced by the humanistic orientation of this method of warfare to protect people from genocide and other crimes against the peace and security of mankind committed by the neo-Nazi Kiev political regime acting on the side of world evil and its Western allies - NATO countries led by the United States of America, arming Ukrainian neo-Nazis and their Western mercenaries with modern lethal weapons. The fact that Russia is acting on the side of Good and not evil in this armed struggle is also evidenced by the humane style of this special operation, during which Russian servicemen show not only humanism, but also patriotism, courage, courage and heroism. For our servicemen acting on the side of Good, these high moral and psychological qualities in extreme situations of a special military operation are manifested in inseparable unity with noble rage and reasonable determination, which in a combat situation act as a kind of spiritual catalysts that ensure the manifestation of genuine courage, courage, heroism and patriotism in the behavior of sane people.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135051905","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}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027731-5
Alexander N. Savenkov
The article analyzes the philosophical and legal ideas and ideas of the famous scientist, thinker, jurist of the last quarter of the XX - beginning of the XXI century, Academician of the Russian Academy of Sciences V.S. Nersesyants. The ideas of ancient philosophers and representatives of the German transcendental-idealistic philosophy had a great influence on the formation and evolution of his legal views, the concept of jurisprudence formulated by him. In this regard, the comparison of his legal views with the ideas of Hegel’s Philosophy of Law, taking into account both dissertations of V.S. Nersesyants, is quite traditional for connoisseurs of the concept of jurisprudence of our contemporary. However, as the experience of a more detailed and in-depth analysis shows, interesting points of similarity of his legal ideas and the nature of their justification are also connected with other representatives of the German intellectual and philosophical culture of discussing the main problems of law and jurisprudence. Understanding the nature of successive and new aspects in the system of legal views of V.S. Nersesyants can serve as a basis for the development of his legal views in modern topical and prospective studies. The article offers some significant clarifications of the content and nature of the philosophical and legal heritage of V.S. Nersesyants, traces the connections of his concept of jurisprudence with the ideas of not only Hegelian philosophy, but also the teachings of other legal philosophers, as well as the later ideas of the neo-Kantian lawyer R. Stammler, the interpretation of law in the “Pure Doctrine of Law” of the Kantian G. Memel, and not only G. Kelsen, which allows us to present the theory of law of V.S. Nersesyants as an original version of this doctrine. The study also demonstrates that the concept of justice in the Philosophy of Law of V.S. Nersesyants has remained one of the unexplained, and promising studies of the foundations of social theory in the doctrine of civilization are also indicated.
{"title":"V.S. Nersesyants as a philosopher of law: from Soviet to Post-Soviet","authors":"Alexander N. Savenkov","doi":"10.31857/s102694520027731-5","DOIUrl":"https://doi.org/10.31857/s102694520027731-5","url":null,"abstract":"The article analyzes the philosophical and legal ideas and ideas of the famous scientist, thinker, jurist of the last quarter of the XX - beginning of the XXI century, Academician of the Russian Academy of Sciences V.S. Nersesyants. The ideas of ancient philosophers and representatives of the German transcendental-idealistic philosophy had a great influence on the formation and evolution of his legal views, the concept of jurisprudence formulated by him. In this regard, the comparison of his legal views with the ideas of Hegel’s Philosophy of Law, taking into account both dissertations of V.S. Nersesyants, is quite traditional for connoisseurs of the concept of jurisprudence of our contemporary. However, as the experience of a more detailed and in-depth analysis shows, interesting points of similarity of his legal ideas and the nature of their justification are also connected with other representatives of the German intellectual and philosophical culture of discussing the main problems of law and jurisprudence. Understanding the nature of successive and new aspects in the system of legal views of V.S. Nersesyants can serve as a basis for the development of his legal views in modern topical and prospective studies. The article offers some significant clarifications of the content and nature of the philosophical and legal heritage of V.S. Nersesyants, traces the connections of his concept of jurisprudence with the ideas of not only Hegelian philosophy, but also the teachings of other legal philosophers, as well as the later ideas of the neo-Kantian lawyer R. Stammler, the interpretation of law in the “Pure Doctrine of Law” of the Kantian G. Memel, and not only G. Kelsen, which allows us to present the theory of law of V.S. Nersesyants as an original version of this doctrine. The study also demonstrates that the concept of justice in the Philosophy of Law of V.S. Nersesyants has remained one of the unexplained, and promising studies of the foundations of social theory in the doctrine of civilization are also indicated.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135051912","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}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027732-6
Vyacheslav N. Zhukov
The article reveals a new approach to the understanding of theoretical and legal science. It is argued that the theory of state and law was originally formed as a complex discipline that includes at least four components: historical, philosophical, sociological, dogmatic. The article analyzes three main components: dogmatic, sociological, philosophical. It is argued that each component of the theoretical and legal science (dogma of law, Sociology of Law, Philosophy of Law) has its own subject and its own methodology. The specific features of social science (including legal science), its subject and methods are indicated
{"title":"Theoretical and legal science: a modern approach","authors":"Vyacheslav N. Zhukov","doi":"10.31857/s102694520027732-6","DOIUrl":"https://doi.org/10.31857/s102694520027732-6","url":null,"abstract":"The article reveals a new approach to the understanding of theoretical and legal science. It is argued that the theory of state and law was originally formed as a complex discipline that includes at least four components: historical, philosophical, sociological, dogmatic. The article analyzes three main components: dogmatic, sociological, philosophical. It is argued that each component of the theoretical and legal science (dogma of law, Sociology of Law, Philosophy of Law) has its own subject and its own methodology. The specific features of social science (including legal science), its subject and methods are indicated","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135052264","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}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027638-2
Nikolay M. Dobrynin
The paper contains the analysis of the key, as for author’s opinion, milestones and vectors for the development of the Russian Statehood and constitutionalism in the context of the rapidly changed geopolitical conditions. There are indicated for the visible perspective some of the most significant points of effort application within the perimeter of domestic (national) affairs for the government and society: the refuse of neoliberal approaches to the meaning of the supremacy of Law and the construction of the Rule of Law State based on the social equity; the change of economic paradigm by means of substitution of the consumption economics by the creative and axiological saturated environment of people’s economy; caretaking on people in the context of complex decisions for the all-range tasks of people’s moral and dignity growth as well as of the sense of civic duty development.
{"title":"The Russian constitutionalism in the framework of new geopolitical environment: milestones and vectors","authors":"Nikolay M. Dobrynin","doi":"10.31857/s102694520027638-2","DOIUrl":"https://doi.org/10.31857/s102694520027638-2","url":null,"abstract":"The paper contains the analysis of the key, as for author’s opinion, milestones and vectors for the development of the Russian Statehood and constitutionalism in the context of the rapidly changed geopolitical conditions. There are indicated for the visible perspective some of the most significant points of effort application within the perimeter of domestic (national) affairs for the government and society: the refuse of neoliberal approaches to the meaning of the supremacy of Law and the construction of the Rule of Law State based on the social equity; the change of economic paradigm by means of substitution of the consumption economics by the creative and axiological saturated environment of people’s economy; caretaking on people in the context of complex decisions for the all-range tasks of people’s moral and dignity growth as well as of the sense of civic duty development.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135052265","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}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027233-7
Artem V. Ovcharov
The article is devoted to the history of the regulation of relations in the field, which is now called procurement for state and municipal needs, as well as the history of liability for various abuses in this area in domestic legislation. According to the Code of Criminal and Correctional Punishments of 1845, the author classifies and examines in detail the compositions providing for liability for both corrupt manifestations in procurement activities and for violation of procurement procedures. On the basis of the above, the author the conclusion is formulated on the development of lawmaking in the field of countering violations in procurement activities.
{"title":"Criminal law enforcement of the state contract (According to the Code on Criminal and Correctional Punishments of 1845)","authors":"Artem V. Ovcharov","doi":"10.31857/s102694520027233-7","DOIUrl":"https://doi.org/10.31857/s102694520027233-7","url":null,"abstract":"The article is devoted to the history of the regulation of relations in the field, which is now called procurement for state and municipal needs, as well as the history of liability for various abuses in this area in domestic legislation. According to the Code of Criminal and Correctional Punishments of 1845, the author classifies and examines in detail the compositions providing for liability for both corrupt manifestations in procurement activities and for violation of procurement procedures. On the basis of the above, the author the conclusion is formulated on the development of lawmaking in the field of countering violations in procurement activities.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"272 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135501060","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}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027228-1
Alexander I. Korobeev
The article describes the state of modern criminal law policy in Russia, substantiates the need to develop, adopt and consolidate in the relevant normative document the conceptual foundations of the policy of the Russian Federation in the field of combating crime, as well as the creation of the Doctrine of Criminal Law as a basis and guideline for legislative work, law enforcement practice, scientific research in the field of combating crime. and carrying out organizational and institutional changes, the goals, objectives and content of the Doctrine are disclosed.
{"title":"Prospects for the development of Russia’s criminal law policy: the search for the real model","authors":"Alexander I. Korobeev","doi":"10.31857/s102694520027228-1","DOIUrl":"https://doi.org/10.31857/s102694520027228-1","url":null,"abstract":"The article describes the state of modern criminal law policy in Russia, substantiates the need to develop, adopt and consolidate in the relevant normative document the conceptual foundations of the policy of the Russian Federation in the field of combating crime, as well as the creation of the Doctrine of Criminal Law as a basis and guideline for legislative work, law enforcement practice, scientific research in the field of combating crime. and carrying out organizational and institutional changes, the goals, objectives and content of the Doctrine are disclosed.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502195","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}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027269-6
Ekterina B. Diyachenko
A key element of judicial activity appears to be judicial discretion, which is used to fill legal gaps in integration organisations. The exercise of judicial discretion leads to the formulation by an integration organization court of activist legal findings based on the interpretation of the applicable law and recourse to the generally recognised principles and regulations of international law. The Court reveals the “implied” rule of an integration legal order on the basis of the teleological method of interpretation which predefines the special charachteristics of the legal argumentation. The limits of judicial discretion are formed by the goals pursued by the integration legal order including the general thrust of the international agreements on achieving integration between states as well as protecting the fundamental rights and freedoms.
{"title":"Interaction between judicial discretion and methods of interpretation in the case-law of courts of integration associations","authors":"Ekterina B. Diyachenko","doi":"10.31857/s102694520027269-6","DOIUrl":"https://doi.org/10.31857/s102694520027269-6","url":null,"abstract":"A key element of judicial activity appears to be judicial discretion, which is used to fill legal gaps in integration organisations. The exercise of judicial discretion leads to the formulation by an integration organization court of activist legal findings based on the interpretation of the applicable law and recourse to the generally recognised principles and regulations of international law. The Court reveals the “implied” rule of an integration legal order on the basis of the teleological method of interpretation which predefines the special charachteristics of the legal argumentation. The limits of judicial discretion are formed by the goals pursued by the integration legal order including the general thrust of the international agreements on achieving integration between states as well as protecting the fundamental rights and freedoms.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502199","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}
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