Pub Date : 2024-07-01DOI: 10.7256/2454-0706.2024.7.70991
Ol'ga Igorevna Bosyk
The object of the study is the legal facts that lead to the emergence of rights to a share in the authorized capital of a limited liability company (hereinafter referred to as the company). The author examines the consequences of the appearance of a share owned by the company. The legislation provides for two types of shares in the authorized capital of the company, which can exist simultaneously. The first type arises as a result of payment by the participant of the authorized capital, which in return for the contributed property receives an indefinite right of participation. It is this right that is hidden behind the share owned by the participant. The second type has a derivative character and arises from the decisions of the supreme governing body or the behavior of the participant and belongs to the company throughout the year. The purpose of the work is to develop and construct new theoretical provisions on the grounds for the emergence and consequences of a share owned by the company. Research objectives: to determine the legal facts of the emergence of rights to a share in the authorized capital of the company, to systematize and classify the grounds for their occurrence and consequences. The following methods were used in conducting a study: permissive regulation, normativism, general contexts of a philosophical and legal nature and national law and order. The science of civil law is closely related to legal regulation, therefore, the doctrinal understanding of some constructions affects the consolidation of certain categories in the rule of law. This is exactly the category of the share owned by the company. It was found that the constructions associated with the transfer or acquisition by the company of rights to a share in its authorized capital are a legal fiction. The grounds for the emergence of a share owned by the company were classified, depending on the will of the latter: the first group consists of bilateral reimbursable transactions, and the second - two unilateral transactions. In both cases, the consequences are the same - the corporate legal relations arising from the right of participation and binding between the company and the participant are terminated. Three options for the sale of the share owned by the company were identified: the division of the former participant's right of participation among the remaining ones, sale to a predetermined buyer and repayment with a simultaneous decrease in the authorized capital and an increase in the size of the participants' shares while maintaining their nominal value.
{"title":"Shares owned by a limited liability company : grounds and consequences","authors":"Ol'ga Igorevna Bosyk","doi":"10.7256/2454-0706.2024.7.70991","DOIUrl":"https://doi.org/10.7256/2454-0706.2024.7.70991","url":null,"abstract":"\u0000 The object of the study is the legal facts that lead to the emergence of rights to a share in the authorized capital of a limited liability company (hereinafter referred to as the company). The author examines the consequences of the appearance of a share owned by the company. The legislation provides for two types of shares in the authorized capital of the company, which can exist simultaneously. The first type arises as a result of payment by the participant of the authorized capital, which in return for the contributed property receives an indefinite right of participation. It is this right that is hidden behind the share owned by the participant. The second type has a derivative character and arises from the decisions of the supreme governing body or the behavior of the participant and belongs to the company throughout the year. The purpose of the work is to develop and construct new theoretical provisions on the grounds for the emergence and consequences of a share owned by the company. Research objectives: to determine the legal facts of the emergence of rights to a share in the authorized capital of the company, to systematize and classify the grounds for their occurrence and consequences. The following methods were used in conducting a study: permissive regulation, normativism, general contexts of a philosophical and legal nature and national law and order. The science of civil law is closely related to legal regulation, therefore, the doctrinal understanding of some constructions affects the consolidation of certain categories in the rule of law. This is exactly the category of the share owned by the company. It was found that the constructions associated with the transfer or acquisition by the company of rights to a share in its authorized capital are a legal fiction. The grounds for the emergence of a share owned by the company were classified, depending on the will of the latter: the first group consists of bilateral reimbursable transactions, and the second - two unilateral transactions. In both cases, the consequences are the same - the corporate legal relations arising from the right of participation and binding between the company and the participant are terminated. Three options for the sale of the share owned by the company were identified: the division of the former participant's right of participation among the remaining ones, sale to a predetermined buyer and repayment with a simultaneous decrease in the authorized capital and an increase in the size of the participants' shares while maintaining their nominal value.\u0000","PeriodicalId":503816,"journal":{"name":"Право и политика","volume":"122 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141697342","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 : 2024-07-01DOI: 10.7256/2454-0706.2024.7.71121
Svetlana S. Gorokhova
The subject of the research is a scientifically based concept of human development as the basis for the formation of a socially oriented state policy, as well as the idea of "human capital" derived from it. The paper pays attention to the historical aspects of the formation of the worldview approach under study. The issues of introducing the concept of "human potential" into the economic, political and legal environment of modern states are considered. The factors influencing the progressive development of human potential are investigated, with an emphasis on the role of education in this field in general, and higher education in particular. The article analyzes the specific features of the functioning of the modern educational environment of the Russian Federation, as well as factors influencing the process of integration of education, science and practice in Russia and in the world. Within the framework of the conducted research, the entire complex of formal and logical methods of cognition was used, statistical as well as comparative legal methods were used. The main conclusion of the study is to identify the need, justified by the current situation, for the formation of a new, scientifically based state approach to the accumulation of human potential of our state, formed through the prism of increasing the role of higher education institutions in the formation of both the human potential of the country as a whole and the individual human capital of each individual. The paper notes that higher education institutions, contributing to this capital in the form of high-quality education and scientific research, which is in demand in the realities of the innovative economy, become a key link in the formation of a reliable chain linking the success of the economy, the prosperity of the nation and the well-being of each member of society, which, ultimately, will overcome the existing ones at the present stage difficulties.
{"title":"Formation of a state approach to the accumulation of human potential through the prism of the importance of education","authors":"Svetlana S. Gorokhova","doi":"10.7256/2454-0706.2024.7.71121","DOIUrl":"https://doi.org/10.7256/2454-0706.2024.7.71121","url":null,"abstract":"\u0000 The subject of the research is a scientifically based concept of human development as the basis for the formation of a socially oriented state policy, as well as the idea of \"human capital\" derived from it. The paper pays attention to the historical aspects of the formation of the worldview approach under study. The issues of introducing the concept of \"human potential\" into the economic, political and legal environment of modern states are considered. The factors influencing the progressive development of human potential are investigated, with an emphasis on the role of education in this field in general, and higher education in particular. The article analyzes the specific features of the functioning of the modern educational environment of the Russian Federation, as well as factors influencing the process of integration of education, science and practice in Russia and in the world. Within the framework of the conducted research, the entire complex of formal and logical methods of cognition was used, statistical as well as comparative legal methods were used. The main conclusion of the study is to identify the need, justified by the current situation, for the formation of a new, scientifically based state approach to the accumulation of human potential of our state, formed through the prism of increasing the role of higher education institutions in the formation of both the human potential of the country as a whole and the individual human capital of each individual. The paper notes that higher education institutions, contributing to this capital in the form of high-quality education and scientific research, which is in demand in the realities of the innovative economy, become a key link in the formation of a reliable chain linking the success of the economy, the prosperity of the nation and the well-being of each member of society, which, ultimately, will overcome the existing ones at the present stage difficulties.\u0000","PeriodicalId":503816,"journal":{"name":"Право и политика","volume":"2006 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141706846","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 : 2024-07-01DOI: 10.7256/2454-0706.2024.7.71163
A. V. Sherstneva
In the modern period, the Russian and Belarusian states have observed the development of social relations related to the implementation of the constitutional principle of a social state, as well as the consolidation of processes aimed at interaction and searching for a balance of interests and responsibilities in the social and economic spheres. The relevance of the topic is determined by the discussion on issues related to the definition of the concept and essence of a social state, the constitutional content of such principles and requirements of a social state as social justice, social equality, a decent standard of living, free development, mutual social responsibility, assessment of the influence of the practice of the constitutional courts of the Russian Federation and the Republic of Belarus for the development and implementation of the principle of a social state in the countries under consideration. It is concluded that the concept of a social state acts as a multidimensional characteristic of the state, reflecting, firstly, the conceptual focus of state policy on ensuring social protection of citizens based on the principles of social equality, social justice, ensuring a decent life, free development, as well as other principles and requirements, reflecting the social orientation of public authority, and, secondly, a model of relations between the state and the individual, functioning on the basis of mutual social and legal responsibility. The principle of a social state is a complex basic constitutional principle - a legal narrative that contains specific principles and requirements for the social nature of the state system and predetermines the system of social human rights and their guarantees, as well as the social responsibility of subjects of public legal relations.
{"title":"The social state in Russia and Belarus as a complex constitutional principle","authors":"A. V. Sherstneva","doi":"10.7256/2454-0706.2024.7.71163","DOIUrl":"https://doi.org/10.7256/2454-0706.2024.7.71163","url":null,"abstract":"\u0000 In the modern period, the Russian and Belarusian states have observed the development of social relations related to the implementation of the constitutional principle of a social state, as well as the consolidation of processes aimed at interaction and searching for a balance of interests and responsibilities in the social and economic spheres. The relevance of the topic is determined by the discussion on issues related to the definition of the concept and essence of a social state, the constitutional content of such principles and requirements of a social state as social justice, social equality, a decent standard of living, free development, mutual social responsibility, assessment of the influence of the practice of the constitutional courts of the Russian Federation and the Republic of Belarus for the development and implementation of the principle of a social state in the countries under consideration. It is concluded that the concept of a social state acts as a multidimensional characteristic of the state, reflecting, firstly, the conceptual focus of state policy on ensuring social protection of citizens based on the principles of social equality, social justice, ensuring a decent life, free development, as well as other principles and requirements, reflecting the social orientation of public authority, and, secondly, a model of relations between the state and the individual, functioning on the basis of mutual social and legal responsibility. The principle of a social state is a complex basic constitutional principle - a legal narrative that contains specific principles and requirements for the social nature of the state system and predetermines the system of social human rights and their guarantees, as well as the social responsibility of subjects of public legal relations.\u0000","PeriodicalId":503816,"journal":{"name":"Право и политика","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141712432","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 : 2024-07-01DOI: 10.7256/2454-0706.2024.7.71190
Diana Zurabovna Gogeniia
The subject of the study is the state responsibility in the form of compensation for harm, committed by massive violation of human rights and freedoms. The object of the study is the actual and historical forms of the state responsibility in the legal systems of the Russian Federation and the United States of America. The author examines in detail such aspects of the topic as: the implementation of state responsibility for the damage caused within the framework of private law (regular) and public law (emergency) mechanisms; law enforcement practice of the Russian Federation and the United States on issues of state compensation for harm; the practice of adopting "compensatory acts". Special attention is paid to the principle of sovereign immunity of the state, its historical origin and modern understanding, differences of its interpretation in the Russian Federation and the United States; identification of common features and differences in approaches to the institution of state compensation for harm in the two countries; proposals for improving national legislation in the context of the topic under consideration. Using a comparative method, the author illustrates the processes of formation of this institution in the studied legal systems, defines the differences between the institutions of compensation for "private law" and mass harm committed by the state. The legal research presented in the article allows to conclude that the established practice of implementing this institution has similar features in both studied states, which allows us to use each other's experience. The novelty of the study is justified by conducting a comparative study of state-sponsored compensation institutions in the Russian Federation and the United States with an emphasis on mass harm, which revealed a general trend towards the adoption of "compensatory acts", the purpose of which is to circumvent the judicial procedure for dispute settlement in such situations. A proposal was also formulated on the need to specify Russian legislation in the field of compensation for mass environmental damage, including through the introduction of compensatory mechanisms. The practical significance of the work lies in the possibility of using its results to improve legislation and law enforcement practice in the field of state compensation for mass harm.
{"title":"State responsibility for the massive violation of rights and freedoms : a comparative analysis of the experience of the United States of America and the Russian Federation","authors":"Diana Zurabovna Gogeniia","doi":"10.7256/2454-0706.2024.7.71190","DOIUrl":"https://doi.org/10.7256/2454-0706.2024.7.71190","url":null,"abstract":"\u0000 The subject of the study is the state responsibility in the form of compensation for harm, committed by massive violation of human rights and freedoms. The object of the study is the actual and historical forms of the state responsibility in the legal systems of the Russian Federation and the United States of America. The author examines in detail such aspects of the topic as: the implementation of state responsibility for the damage caused within the framework of private law (regular) and public law (emergency) mechanisms; law enforcement practice of the Russian Federation and the United States on issues of state compensation for harm; the practice of adopting \"compensatory acts\". Special attention is paid to the principle of sovereign immunity of the state, its historical origin and modern understanding, differences of its interpretation in the Russian Federation and the United States; identification of common features and differences in approaches to the institution of state compensation for harm in the two countries; proposals for improving national legislation in the context of the topic under consideration. Using a comparative method, the author illustrates the processes of formation of this institution in the studied legal systems, defines the differences between the institutions of compensation for \"private law\" and mass harm committed by the state. The legal research presented in the article allows to conclude that the established practice of implementing this institution has similar features in both studied states, which allows us to use each other's experience. The novelty of the study is justified by conducting a comparative study of state-sponsored compensation institutions in the Russian Federation and the United States with an emphasis on mass harm, which revealed a general trend towards the adoption of \"compensatory acts\", the purpose of which is to circumvent the judicial procedure for dispute settlement in such situations. A proposal was also formulated on the need to specify Russian legislation in the field of compensation for mass environmental damage, including through the introduction of compensatory mechanisms. The practical significance of the work lies in the possibility of using its results to improve legislation and law enforcement practice in the field of state compensation for mass harm.\u0000","PeriodicalId":503816,"journal":{"name":"Право и политика","volume":"2020 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141706526","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 : 2024-03-01DOI: 10.7256/2454-0706.2024.3.69698
Aleksei Romanovich Kardava
The subject of the study is a set of approaches to the possibility of compensation for moral harm in case of violation of property rights and the approach presented in paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 15 November 2022, No. 33 "On the practice of application by courts of the norms on compensation for moral harm". The author analyses the new approach, addressing the issue of its impact on judicial practice to determine the applicability of this approach. As a methodology, the author uses comparativistics of the approaches and practice of the Supreme and Constitutional Courts of the Russian Federation until 15 November 2022 and the approach presented in paragraph 4 of the above Resolution. The main conclusions of the study are that the new approach is recognised as revolutionary compared to those previously applied. The author concludes that the new approach, despite the contradiction with the rules based on the literal interpretation of the law, is a successful combination of all the main components of the institution in question, necessary for its correct application from the point of view of the meaning and purpose of compensation for moral harm. The new approach establishes an open list of cases in which compensation is possible, but at the same time introduces a certain criterion of applicability, in order to prevent the "emasculation" of this institution as a means of defence, since the procedure for assessing the existence and degree of moral harm is subjective. And the author analyses the impact of the new approach on judicial practice, noting that this approach is not fully understood and therefore accepted by the courts, as it does not coincide with the literal interpretation of paragraph 4 of the mentioned Ruling.
{"title":"On the possibility of compensation for moral damage in case of violation of property rights: traditional views and innovations of practice","authors":"Aleksei Romanovich Kardava","doi":"10.7256/2454-0706.2024.3.69698","DOIUrl":"https://doi.org/10.7256/2454-0706.2024.3.69698","url":null,"abstract":"\u0000 The subject of the study is a set of approaches to the possibility of compensation for moral harm in case of violation of property rights and the approach presented in paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 15 November 2022, No. 33 \"On the practice of application by courts of the norms on compensation for moral harm\". The author analyses the new approach, addressing the issue of its impact on judicial practice to determine the applicability of this approach. As a methodology, the author uses comparativistics of the approaches and practice of the Supreme and Constitutional Courts of the Russian Federation until 15 November 2022 and the approach presented in paragraph 4 of the above Resolution. The main conclusions of the study are that the new approach is recognised as revolutionary compared to those previously applied. The author concludes that the new approach, despite the contradiction with the rules based on the literal interpretation of the law, is a successful combination of all the main components of the institution in question, necessary for its correct application from the point of view of the meaning and purpose of compensation for moral harm. The new approach establishes an open list of cases in which compensation is possible, but at the same time introduces a certain criterion of applicability, in order to prevent the \"emasculation\" of this institution as a means of defence, since the procedure for assessing the existence and degree of moral harm is subjective. And the author analyses the impact of the new approach on judicial practice, noting that this approach is not fully understood and therefore accepted by the courts, as it does not coincide with the literal interpretation of paragraph 4 of the mentioned Ruling.\u0000","PeriodicalId":503816,"journal":{"name":"Право и политика","volume":"159 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140282157","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 : 2024-02-01DOI: 10.7256/2454-0706.2024.2.69814
Sergey Sergeevich Mitrokhin
The subject of the study is the problem of defining the conceptual boundaries of analytical jurisprudence. In Anglo-American legal science, there is a well-established position recognised division into two stages in the development of analytical jurisprudence. The leader of the first stage is J. Austin, the founder of analytical jurisprudence, and the key figure of the second stage is H. L. A. Hart. At the same time, it is noted that scientific projects belonging to the first and second stages have fundamental differences. In this connection, in the present article the fundamental characteristics of analytical jurisprudence are identified through a comparative analysis of its projects presented in the works of the main representatives of the respective stages. The main method in the study is the interpretive method, which includes the method of problem-theoretical reconstruction. Through its application it is possible to reconstruct the theoretical provisions that determine the continuity between the two stages of analytical jurisprudence. The novelty of the study lies in the fact that it focuses on the common elements of the two stages in the development of analytical jurisprudence, which calls into question the absolute differentiation between them accepted in Anglo-American legal thought. In this regard, the study substantiates that the founding elements of analytical jurisprudence are its general and descriptive character, as well as positivist legal understanding. At the same time, the article shows that (1) the actual identification of conceptual analysis and analytical jurisprudence does not allow us to reliably explicate the continuity between the stages of analytical jurisprudence and identify analytical jurisprudence as an independent direction of research; (2) the exclusion of legal positivism from the identifying characteristics of analytical jurisprudence causes the risk of absorption of analytical jurisprudence as a legal science by philosophical discourse.
本研究的主题是界定分析法学的概念边界问题。在英美法学界，分析法学的发展被公认为分为两个阶段。第一阶段的领军人物是分析法学的创始人 J. Austin，第二阶段的关键人物是 H. L. A. Hart。同时，我们也注意到，属于第一和第二阶段的科学项目有着本质的区别。因此，本文通过对各阶段主要代表人物著作中的分析法学项目进行比较分析，确定了分析法学的基本特征。研究的主要方法是解释性方法，其中包括问题理论重建方法。通过该方法的应用，可以重构决定分析法学两个阶段之间连续性的理论规定。本研究的新颖之处在于，它侧重于分析法学发展过程中两个阶段的共同要素，这就对英美法律思想所接受的将它们绝对区分开来的观点提出了质疑。在这方面，研究证实了分析法学的基本要素是其一般性和描述性特征，以及实证主义的法律理解。同时，文章指出：(1) 概念分析与分析法学的实际识别并不能使我们可靠地解释分析法学各阶段之间的连续性，也不能将分析法学确定为一个独立的研究方向；(2) 将法律实证主义排除在分析法学的识别特征之外会导致分析法学作为一门法律科学被哲学话语所吸收的风险。
{"title":"Analytical Jurisprudence: Conceptual Framework","authors":"Sergey Sergeevich Mitrokhin","doi":"10.7256/2454-0706.2024.2.69814","DOIUrl":"https://doi.org/10.7256/2454-0706.2024.2.69814","url":null,"abstract":"\u0000 The subject of the study is the problem of defining the conceptual boundaries of analytical jurisprudence. In Anglo-American legal science, there is a well-established position recognised division into two stages in the development of analytical jurisprudence. The leader of the first stage is J. Austin, the founder of analytical jurisprudence, and the key figure of the second stage is H. L. A. Hart. At the same time, it is noted that scientific projects belonging to the first and second stages have fundamental differences. In this connection, in the present article the fundamental characteristics of analytical jurisprudence are identified through a comparative analysis of its projects presented in the works of the main representatives of the respective stages. The main method in the study is the interpretive method, which includes the method of problem-theoretical reconstruction. Through its application it is possible to reconstruct the theoretical provisions that determine the continuity between the two stages of analytical jurisprudence. The novelty of the study lies in the fact that it focuses on the common elements of the two stages in the development of analytical jurisprudence, which calls into question the absolute differentiation between them accepted in Anglo-American legal thought. In this regard, the study substantiates that the founding elements of analytical jurisprudence are its general and descriptive character, as well as positivist legal understanding. At the same time, the article shows that (1) the actual identification of conceptual analysis and analytical jurisprudence does not allow us to reliably explicate the continuity between the stages of analytical jurisprudence and identify analytical jurisprudence as an independent direction of research; (2) the exclusion of legal positivism from the identifying characteristics of analytical jurisprudence causes the risk of absorption of analytical jurisprudence as a legal science by philosophical discourse.\u0000","PeriodicalId":503816,"journal":{"name":"Право и политика","volume":"13 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139818072","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 : 2024-02-01DOI: 10.7256/2454-0706.2024.2.69718
I. Manin
The object of the study is the relations of environmental management in the Micronesian states, the subject is the legislation and doctrine in the field of exploitation of natural resources of the countries of Micronesia: Wake Island, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Commonwealth of the Northern Mariinsky Islands, the Territory of Guam, the possessions of the United States of America. The author examines the features of the state natural resource mechanism in the listed jurisdictions. The article examines the institution of ownership of natural resources, the permissive procedure for the use of natural objects. In addition, the author addresses the problems of implementing the norms of international maritime law, explores the legal regime of the Micronesian waters. The work completes the "Oceanic Sonata" in the theory of natural resource law of foreign countries and takes it to the next scientific level, qualitatively raising the "bar" for followers. The relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic interests in Oceania. The author in the article operated with dialectical, logical, historical, formal legal, comparative legal, deduction, induction and other methods of cognition. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. Legal publications about Micronesia are insignificant, "living classics" is presented to your attention - one of the few Russian scientific articles about this Pacific region, while the available works are largely outdated, and some jurisdictions are covered in the domestic sciences for the first time. The author discusses with foreign scientists, analyzing foreign doctrine and legislation, and suggests using the experience of the United States of America in the Russian Federation. At the same time, violations of the norms of international maritime law in the Pacific Ocean are noted, as well as cases of declaring the existence of an exclusive economic zone and the continental shelf of the United States of America in the waters of sovereign States and unoccupied atolls, but also their inclusion in the American Empire as possessions of the United States of America, acting as a possessor of other States.
{"title":"Micronesian States Natural Resource Law Features","authors":"I. Manin","doi":"10.7256/2454-0706.2024.2.69718","DOIUrl":"https://doi.org/10.7256/2454-0706.2024.2.69718","url":null,"abstract":"\u0000 The object of the study is the relations of environmental management in the Micronesian states, the subject is the legislation and doctrine in the field of exploitation of natural resources of the countries of Micronesia: Wake Island, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Commonwealth of the Northern Mariinsky Islands, the Territory of Guam, the possessions of the United States of America. The author examines the features of the state natural resource mechanism in the listed jurisdictions. The article examines the institution of ownership of natural resources, the permissive procedure for the use of natural objects. In addition, the author addresses the problems of implementing the norms of international maritime law, explores the legal regime of the Micronesian waters. The work completes the \"Oceanic Sonata\" in the theory of natural resource law of foreign countries and takes it to the next scientific level, qualitatively raising the \"bar\" for followers. The relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic interests in Oceania. The author in the article operated with dialectical, logical, historical, formal legal, comparative legal, deduction, induction and other methods of cognition. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. Legal publications about Micronesia are insignificant, \"living classics\" is presented to your attention - one of the few Russian scientific articles about this Pacific region, while the available works are largely outdated, and some jurisdictions are covered in the domestic sciences for the first time. The author discusses with foreign scientists, analyzing foreign doctrine and legislation, and suggests using the experience of the United States of America in the Russian Federation. At the same time, violations of the norms of international maritime law in the Pacific Ocean are noted, as well as cases of declaring the existence of an exclusive economic zone and the continental shelf of the United States of America in the waters of sovereign States and unoccupied atolls, but also their inclusion in the American Empire as possessions of the United States of America, acting as a possessor of other States.\u0000","PeriodicalId":503816,"journal":{"name":"Право и политика","volume":"7 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139811987","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 : 2024-02-01DOI: 10.7256/2454-0706.2024.2.69788
Yi Liu
The article discusses Adolf Reinach's legal doctrine project, as presented in his main work 'The Apriori Foundations of Civil Law'. The author explores the subject matter of Reinach's theoretical discipline of law and the apodictic necessity of apriori laws rooted in the essence of legal concepts. The analysis focuses on the nature of apriori laws that are based on the essence of the legal concept and the correlative relation between apriori laws and their corresponding essence. The legal doctrine of Reinach is examined with special attention to its philosophical and methodological consistency, which is conditioned by the phenomenological method during the period of the Munich-Göttingen community. The author examines the differences between the first project of eidetic-phenomenological philosophy of law and the philosophy of positive law. This article demonstrates how the phenomenological theory of cognition, specifically the theory of science, was incorporated into A. Reinach's apriori doctrine of law. To reveal the problem, it is necessary to establish connections between A. Reinach's 'Apriori Foundations of Civil Law' and Edmund Husserl's 'Logical Investigations'. The article concludes that the concept of the apriori doctrine of law represents the realization of Husserl's theory of science as outlined in the 'Logical Investigations'. The article concludes that A. Reinach defined the subject area of the theory of law by attributing it to the intensional being, relying on E. Husserl's understanding of science. It is argued that the oneness of this subject area of legal theory lies in the intensional (essence-correlative) correlation of the essence of legal concepts and their apriori laws. This study's novelty lies in revealing the epistemological aspects of Reinach's eidetic-phenomenological project, which hold methodological value for phenomenological theory of law.
文章讨论了阿道夫-莱纳赫在其主要著作《民法的先验基础》中提出的法律学说计划。作者探讨了莱纳赫法学理论学科的主题，以及根植于法律概念本质的先验法的先验必要性。分析的重点是基于法律概念本质的先验法的性质，以及先验法与其相应本质之间的关联关系。在研究莱纳赫的法律学说时，作者特别关注其在哲学和方法论上的一致性，这种一致性受到慕尼黑-哥廷根学派时期现象学方法的制约。作者探讨了 "爱的现象学 "法哲学的第一个项目与实在法哲学之间的差异。本文论证了关于认知的现象学理论，特别是科学理论，是如何被纳入 A. Reinach 的先验法学说的。为了揭示这一问题，有必要在 A. Reinach 的 "民法先验基础 "与 Edmund Husserl 的 "逻辑研究 "之间建立联系。文章的结论是，法律先验学说的概念代表了胡塞尔在《逻辑研究》中所概述的科学理论的实现。文章的结论是，A. Reinach 根据 E. Husserl 对科学的理解，将法律学说的主题领域归结为内在存在，从而界定了法律学说的主题领域。文章认为，法律理论这一主题领域的一体性在于法律概念的本质与其先验规律之间的内维（本质-相关性）关联。本研究的新颖之处在于揭示了莱纳赫的 "表象项目"（eidetic-phenomenological project）的认识论方面，这对现象学法学理论具有方法论价值。
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Pub Date : 2024-02-01DOI: 10.7256/2454-0706.2024.2.69814
Sergey Sergeevich Mitrokhin
The subject of the study is the problem of defining the conceptual boundaries of analytical jurisprudence. In Anglo-American legal science, there is a well-established position recognised division into two stages in the development of analytical jurisprudence. The leader of the first stage is J. Austin, the founder of analytical jurisprudence, and the key figure of the second stage is H. L. A. Hart. At the same time, it is noted that scientific projects belonging to the first and second stages have fundamental differences. In this connection, in the present article the fundamental characteristics of analytical jurisprudence are identified through a comparative analysis of its projects presented in the works of the main representatives of the respective stages. The main method in the study is the interpretive method, which includes the method of problem-theoretical reconstruction. Through its application it is possible to reconstruct the theoretical provisions that determine the continuity between the two stages of analytical jurisprudence. The novelty of the study lies in the fact that it focuses on the common elements of the two stages in the development of analytical jurisprudence, which calls into question the absolute differentiation between them accepted in Anglo-American legal thought. In this regard, the study substantiates that the founding elements of analytical jurisprudence are its general and descriptive character, as well as positivist legal understanding. At the same time, the article shows that (1) the actual identification of conceptual analysis and analytical jurisprudence does not allow us to reliably explicate the continuity between the stages of analytical jurisprudence and identify analytical jurisprudence as an independent direction of research; (2) the exclusion of legal positivism from the identifying characteristics of analytical jurisprudence causes the risk of absorption of analytical jurisprudence as a legal science by philosophical discourse.
本研究的主题是界定分析法学的概念边界问题。在英美法学界，分析法学的发展被公认为分为两个阶段。第一阶段的领军人物是分析法学的创始人 J. Austin，第二阶段的关键人物是 H. L. A. Hart。同时，我们也注意到，属于第一和第二阶段的科学项目有着本质的区别。因此，本文通过对各阶段主要代表人物著作中的分析法学项目进行比较分析，确定了分析法学的基本特征。研究的主要方法是解释性方法，其中包括问题理论重建方法。通过该方法的应用，可以重构决定分析法学两个阶段之间连续性的理论规定。本研究的新颖之处在于，它侧重于分析法学发展过程中两个阶段的共同要素，这就对英美法律思想所接受的将它们绝对区分开来的观点提出了质疑。在这方面，研究证实了分析法学的基本要素是其一般性和描述性特征，以及实证主义的法律理解。同时，文章指出：(1) 概念分析与分析法学的实际识别并不能使我们可靠地解释分析法学各阶段之间的连续性，也不能将分析法学确定为一个独立的研究方向；(2) 将法律实证主义排除在分析法学的识别特征之外会导致分析法学作为一门法律科学被哲学话语所吸收的风险。
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Pub Date : 2024-02-01DOI: 10.7256/2454-0706.2024.2.69788
Yi Liu
The article discusses Adolf Reinach's legal doctrine project, as presented in his main work 'The Apriori Foundations of Civil Law'. The author explores the subject matter of Reinach's theoretical discipline of law and the apodictic necessity of apriori laws rooted in the essence of legal concepts. The analysis focuses on the nature of apriori laws that are based on the essence of the legal concept and the correlative relation between apriori laws and their corresponding essence. The legal doctrine of Reinach is examined with special attention to its philosophical and methodological consistency, which is conditioned by the phenomenological method during the period of the Munich-Göttingen community. The author examines the differences between the first project of eidetic-phenomenological philosophy of law and the philosophy of positive law. This article demonstrates how the phenomenological theory of cognition, specifically the theory of science, was incorporated into A. Reinach's apriori doctrine of law. To reveal the problem, it is necessary to establish connections between A. Reinach's 'Apriori Foundations of Civil Law' and Edmund Husserl's 'Logical Investigations'. The article concludes that the concept of the apriori doctrine of law represents the realization of Husserl's theory of science as outlined in the 'Logical Investigations'. The article concludes that A. Reinach defined the subject area of the theory of law by attributing it to the intensional being, relying on E. Husserl's understanding of science. It is argued that the oneness of this subject area of legal theory lies in the intensional (essence-correlative) correlation of the essence of legal concepts and their apriori laws. This study's novelty lies in revealing the epistemological aspects of Reinach's eidetic-phenomenological project, which hold methodological value for phenomenological theory of law.
文章讨论了阿道夫-莱纳赫在其主要著作《民法的先验基础》中提出的法律学说计划。作者探讨了莱纳赫法学理论学科的主题，以及根植于法律概念本质的先验法的先验必要性。分析的重点是基于法律概念本质的先验法的性质，以及先验法与其相应本质之间的关联关系。在研究莱纳赫的法律学说时，作者特别关注其在哲学和方法论上的一致性，这种一致性受到慕尼黑-哥廷根学派时期现象学方法的制约。作者探讨了 "爱的现象学 "法哲学的第一个项目与实在法哲学之间的差异。本文论证了关于认知的现象学理论，特别是科学理论，是如何被纳入 A. Reinach 的先验法学说的。为了揭示这一问题，有必要在 A. Reinach 的 "民法先验基础 "与 Edmund Husserl 的 "逻辑研究 "之间建立联系。文章的结论是，法律先验学说的概念代表了胡塞尔在《逻辑研究》中所概述的科学理论的实现。文章的结论是，A. Reinach 根据 E. Husserl 对科学的理解，将法律学说的主题领域归结为内在存在，从而界定了法律学说的主题领域。文章认为，法律理论这一主题领域的一体性在于法律概念的本质与其先验规律之间的内维（本质-相关性）关联。本研究的新颖之处在于揭示了莱纳赫的 "表象项目"（eidetic-phenomenological project）的认识论方面，这对现象学法学理论具有方法论价值。
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