Academic literature on the topic 'Soviet legal doctrine'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Soviet legal doctrine.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Soviet legal doctrine"
1
Tedeev, Astamur Anatol'evich. "State insurance in the Soviet legal doctrine." Финансы и управление, no. 1 (January 2021): 72–78. http://dx.doi.org/10.25136/2409-7802.2021.1.35126.
Full textAbstract:
This article attempts to analyze the theoretical approaches towards regulation of state insurance by various branches of the Soviet law that existed in the legal thought of the XX century. Attention is focused on the state activity aimed at formation of the specialized insurance funds and peculiarities of their use. The article examines the procedure for the formation of state insurance fund, development trends, understanding of the essence and the key role of state insurance in the Soviet period. It is indicated that state insurance in the Soviet period represented the activity of government branches on formation of the specialized monetary funds by means of contributions made by socialist organizations and citizens (policyholders) that were used by the insurance system to compensate for material damage caused by natural disasters, accidents, etc., as well as carried out preventive measures and awareness-raising activity for their prevention. The following conclusions were formulated: in the Soviet period insurance as the legal institution was studied by a range of legal sciences, including the science of financial law; the insurance relations were regulated by several branches of the Soviet law. It is worth noting that the question on the boundaries of such regulation was of ambiguous and debatable nature. For the most part, insurance relations in the Soviet period were regulated by the norms of financial and civil law. The Soviet financial law regulated the relations that arouse in the process of development of state insurance as one of the main types of financial activity of the state. The property relations that established on the basis of implementation of these general terms were of civil nature. The question of sectoral borders is still relevant for many post-Soviet states.
2
Korovin, Kirill Sergeevich. "The forming political legal doctrine of the Soviet constitutionalism and peculiarities s of its studying in the history of political and legal teachings." Genesis: исторические исследования, no. 12 (December 2020): 138–49. http://dx.doi.org/10.25136/2409-868x.2020.12.34719.
Full textAbstract:
The subject of this research is the political legal doctrine of Soviet constitutionalism during the period of establishment of the Soviet State. The author presents his interpretation of the political legal doctrine as a specific form of material incarnation of the idea of the state. Its Soviet version had certain historical and conceptual peculiarities. First and foremost, it implied the ideology of Marxism-Leninism, which fully determined the content of the fundamental notions and concepts of the political legal doctrine, developed in the constitutional commission of 1918. The framework of the Soviet constitutional system were reflected therein, as well as in the text of the Constitution of the RSFSR. It appears that ideocracy became the key vector of self-identification of the Soviet Russia. The analysis of the main ideological postulates of the Constitution of the RSFSR of 1918 allowed concluding that the Soviet State is a typical example of the ideocratic state, which should be interpreted as a social system founded on the dominant ideology. Its basis was the Soviet constitutional identity that predetermined the level of perception and approval of the government actions by the population. Methodological specificities of the analysis of the Soviet political legal doctrine reflected in its logical-theoretical framework and provisions. The logical-theoretical framework was analyzed via morphological (structural) approach that focuses on studying the structure of ideologies on the micro-level. The provisions of the political legal doctrine were reflected in the discussions and discursive practices in terms of the constitutional commission, which were examines in the course of this research via studying speech acts and political language.
3
Lvоvа, O. "Legal doctrine: axiological dimension." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 174–85. http://dx.doi.org/10.33663/1563-3349-2022-33-174-185.
Full textAbstract:
Introduction. The question of the nature of scientifi c doctrine and its signifi cance in the legal fi eld needs to be reconsidered in view of the standards that have become fundamental to the development of democracies and the idea of human rights and freedoms. Legal scholars must critically rethink the work of the previous period, suggest new approaches to solving current problems and ways to solve them. Such a rethinking at the scientifi c level should be transformed into a specifi c legal doctrine that will fi ll the legal norm with new values. The purpose of the article. Аnalysis of the axiological aspect of legal doctrine, which can be a connecting point in terms of its content and law enforcement and law enforcement purposes. Issues of legal and illegal restrictions are studied. Since legal doctrine has axiological features in its content, it is possible to trace their manifestation by comparing the opposite regimes under which legal doctrines were formed. In particular, the reality of the Soviet era denied the right as an independent social and regulatory regulator. With the collapse of the USSR there was a sharp change in the subject of scientific research in the fi eld of law, new methodological directions are formed, scientific schools are updated, scientifi c legal doctrines of already free, democratic Ukraine are formulated. Renewal of the legal doctrine of already independent science contributed to the constitutional approval of new, progressive values, including - man as the highest social value, its inalienable natural rights, the principle of the rule of law, justice and more. There is also a distinction between the understanding of law and law. Thus, doctrine is the key to understanding yesterday’s and today’s perception of law. It is the basis of legal analogies and concepts, institutions and norms, which logically combines and directs in the appropriate social direction in order to preserve and affi rm fundamental legal values. Value imbalances will lead to crises both in society as a whole and in the sphere in which certain values are leveled, and this is often due to the notion of what is moral or immoral, and often such criteria become fundamental in determining social values, legal doctrines and, accordingly, legal law. Based on the analysis of the relationship and interaction of scientifi c doctrine, legal understanding and lawmaking, it is noted that common to all this is a holistic axiological approach. Scientifi c doctrine transforms the eff ect of law and its value content into a specifi c legal document. At one time, such ideals were embodied, for example, in the Universal Declaration of Human Rights. Conclusions. Thus, the doctrine becomes the basis for the creation of quality law, which gives lawmaking and law enforcement activities, as well as legislation, axiological content. On the one hand, the doctrine is a years-old theoretical basis for lawmaking; on the other, it objectifi es the results of scientifi c research in the form of fundamental legal ideas and concepts. Key words: axiology of law, rule of law, law, law, legal doctrine, lawmaking
4
NIKIFOROV, VADIM. "SOVIET ORIGINS OF THE DOCTRINE OF INTERNATIONAL LAW IN MODERN RUSSIA." Sociopolitical Sciences 11, no. 2 (June 28, 2021): 97–102. http://dx.doi.org/10.33693/2223-0092-2021-11-3-97-102.
Full textAbstract:
The purpose and objectives of this article are to define and characterize the Soviet origins of the doctrine of international law in modern Russia. Methodological approach. The work uses general scientific methods, as well as elements of comparative legal, historical and legal methods and the method of legal interpretation. Results and conclusions. The article reveals the Soviet origins of the Russian doctrine of international law, analyzes the Concept of National Security, the Concept of Russian Foreign Policy and the National Security Strategy of Russia, as a development and complement to the Soviet doctrine of international law-the core of the modern doctrine of international law of Russia, which largely corresponds to the generally recognized principles of international law established in the UN Charter. Originality and value. The article shows the historical significance of the Great October Socialist Revolution, the legislative activity of the Soviet government for the progressive development of international law, describes the first decrees, declarations and international treaties of the RSFSR, defines the role of the Soviet Union in the formation of the United Nations and the development of the fundamental principles of international law within the framework of this organization.
5
Nikulin, V. V. "From Extraordinary Law to “Revolutionary Legality”: Formation of the Concept of Revolutionary Law in the Soviet Legal Doctrine." Pravo: istoriya i sovremennost', no. 4(13) (2020): 007–16. http://dx.doi.org/10.17277/pravo.2020.04.pp.007-016.
Full textAbstract:
The main provisions of the concept of “revolutionary legality” in the Soviet legal doctrine are analyzed; theoretical and practical aspects of its formation, factors that influenced its content are considered. It is argued that the defining function of the concept of “revolutionary legality” is the function of achieving the political goals of the state by legal means. It is concluded that the concept of “revolutionary legality” was a special system of law, adapted to the ideological tasks of socialist construction. It embodied the gap between formal law and the actual functioning of Soviet legal institutions, which constantly existed in the Soviet legal system. It is concluded that the concept of “revolutionary legality” was not a complete condemnatory legal construction, but a modification of the previously existing one-sided orientation of law to a political doctrine, which made it possible to interpret “revolutionary legality” in a variety of ways in practical legal activity, giving and strengthening certain aspects necessary for solving ideological and practical problems.
6
Mullerson, R. A. "Sources of International Law: New Tendencies in Soviet Thinking." American Journal of International Law 83, no. 3 (July 1989): 494–512. http://dx.doi.org/10.2307/2203308.
Full textAbstract:
As this discourse is devoted to the sources of international law in Soviet doctrine and the diplomatic practice of the USSR, I think that it is necessary to begin by characterizing my understanding of the contemporary Soviet doctrine of international law.In Western countries, the Soviet doctrine of international law is often regarded as monolithic, without internal contradictions and discussions. It is not so, though I would agree that there are some grains of truth in those allegations. On certain questions we have had too much unanimity in our social sciences at large, and in the doctrine of international law in particular. One could feel this unanimity particularly in the domain of the most sensitive political and legal problems.
7
Elchaninova, O. Yu. "On some approaches to determining the definition of sources of Russian law in the works of Soviet scientists." Juridical Journal of Samara University 7, no. 3 (February 2, 2022): 19–24. http://dx.doi.org/10.18287/2542-047x-2021-7-3-19-24.
Full textAbstract:
The article studies the essential characteristics of the concept of sources of law, shows a variety of positions on the issues of systematization of sources of Russian law, gives a characteristic of conceptual approaches to their classification. The main volume of the work is devoted to the analysis of the doctrine of the sources of law, which was established in the legal doctrine in the Soviet period. The conclusion is made that the content of the concept depends on the specific era in which it was formed. In the Soviet period, a normative approach prevailed in legal thinking with an emphasis on studying the nature of formal sources of law, reflecting the reasons for the legal obligation of a norm. It is indicated that Soviet scientists understood the material conditions of social life as sources of law in the material sense. The author shows that the lack of unification of the term sources of law is determined by the essential polysemicity of its structural elements. Soviet scientists who touched the doctrine of the sources of Russian law, relying on previous works, brought something new to it, expanding the conceptual and categorical boundaries.
8
Suleymanov, Bigruzi B. "Sergei Alexeyev's doctrine of legal systems (families)." Vestnik of Kostroma State University, no. 3 (2019): 206–10. http://dx.doi.org/10.34216/1998-0817-2019-25-3-206-210.
Full textAbstract:
Sergei Alexeyev is one of the largest Russian lawyers, whose works are a reference point for modern fundamental research in the field of legal sciences. He paid considerable attention to the problems of legal communities (legal systems, legal families, etc.), which have been remainingtopical. At the same time, the views of the famous scientist on legal communities and, above all, on the legal system, were formed gradually, under the influence of many factors. In this paper, an attempt is made to reveal the transformation of the position on the legal communities of the recognised methodology of Soviet law. For this purpose, the generalising and special works are analysed in which, various aspects of the legal system are studied. The object of the study is the doctrine of Sergei Alexeyev's law and legal reality. The subject of the research is the formation, basic provisions, transformation and significance of Sergei Alexeyev's scientific theory about the legal system.
9
Melnyk, M. V. "Philosophical and Legal Interpretations of the Deformations of Legal Awareness in the XX - Early XXI Century." Bulletin of Kharkiv National University of Internal Affairs 87, no. 4 (December 22, 2019): 23–32. http://dx.doi.org/10.32631/v.2019.4.02.
Full textAbstract:
It has been stressed that the topic of philosophical and legal interpretations of the deformations of legal awareness in the XX – early XXI century is actively developed by scholars of the countries of the post-Soviet space. Emphasis has been placed on the development of the doctrine on legal nihilism that has been developed in Western European philosophical and legal thought, as well as on the problem of totalitarian legal awareness that has emerged in Soviet society.
It has been revealed that the foundation of the concept of the deformations of legal awareness in Ukrainian philosophical and legal science was laid by the great household names of the past – P. I. Novgorodtsev, I. A. Il`in, M. M. Alekseev, L. I. Petrazhitskii, B. I. Kistiakivskyi and others. There is not so much in the world scientific thought about the deformations of legal awareness, where the concept of legal nihilism is the exception. The foundations of the doctrine of nihilism were laid by such outstanding thinkers as F. Nietzsche, A. Schopenhauer, M. Heidegger, F. H. Jacobi. Therefore, nowadays the doctrine of legal nihilism is the most developed in relation to the types of the deformations of legal awareness.
It has been determined that the “golden age” of this extremely negative social phenomenon occurred at the beginning of the XX century, after the formation of the USSR. Totalitarian propaganda machines, the Soviet Union in particular, tried to transform society into a governed crowd, brainwashed by a certain ideology that led to a degeneration of legal awareness into a totalitarian consciousness and, as a consequence, to the widespread deformation of legal awareness. However, the deformations of legal awareness were not discussed at theoretical level, because they were considered a vestige of bourgeois times.
Discussion about the deformation of legal awareness was initiated by the prominent Soviet legal scholar E. A. Lukasheva in her work “Socialist Legal Awareness and Legality”, where she characterized that the legal awareness of a particular individual can be defective, limited, and backward from the general level of public consciousness, can contain harmful installations and defective assessments of legal phenomena.
10
GUSEYNOV, Yu M. "THE FIGHT AGAINST ‘ADATS AND SHARI‘A IN THE FAMILY LIFE OF KUMYKS IN THE FIRST SOVIET DECADES." Islam in the modern world 15, no. 2 (July 20, 2019): 107–18. http://dx.doi.org/10.22311/2074-1529-2019-15-2-107-118.
Full textAbstract:
The article is devoted to the correlation between the norms of ‘adat and shari‘a in the Kumyk family life in the fi rst years of Soviet power. During this period, on the territory of the entire state, including Dagestan, Soviet legal doctrine was actively introduced with its own laws, principles and rules.The new laws of the country of the Soviets sharply contradicted the traditional norms of the Kumyks. This contradiction has been expressed in many issues, including family and domestic. At fi rst, the Soviet leadership strongly supported the norms of ‘adat and shari‘a. This was refl ected in the invitation to the dualistic marriage-according to the Soviet and shari‘a laws. However, by the end of the 20s of the 20th century, an ideological campaign unfolded against the ‘adat and shari‘a norms.
Dissertations / Theses on the topic "Soviet legal doctrine"
1
Tkatova, Rima. "Approches post-soviétiques du droit international : essai sur le renouvellement de la doctrine et de la pratique internationales." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30067.
Full textAbstract:
Tous les etats issus du démembrement de l'urss ont dû résoudre, depuis 15 ans, une question fondamentale : celle de la définition et de l'affirmation de leur identité. ayant tous la même aspiration à la liberté, à l'autonomie productive, à l'ouverture au monde, ces pays ont commencé à réformer leurs systèmes juridiques, politiques et économiques. toutefois le droit international soviétique, spécifique, fermé dans son propre système et lié fortement à la politique extérieure de l'urss, continue à persister dans les etats post-soviétiques, malgré leur aspiration aux règles des sociétés occidentales juste après l'indépendance. ainsi, le renouvellement de la doctrine et de la pratique internationale des etats post-soviétiques se passe d'abord dans des conditions de permanence de la conception soviétique du droit international d'un côté et du désir de trouver sa place dans la communauté internationale de l'autre. cette rénovation ayant ses particularités dans chaque etat ex-soviétique, a affecté non seulement la formation de la pensée juridique et la pratique diplomatique de ces etats, mais aussi les rapports entre les droits internes et le droit international. c'est à l'époque de la fin de l'antagonisme des blocs qu'on observe l'intégration des etats issus de l'urss dans le monde de la nouvelle répartition des forces /International law is a « common language » but the vision of international law is far from being universal. It is a « multiplicity of particular national, regional, individual, institutional visions of international law. One can speak of the existence of regional American, Latin American, European, Asian, African approaches of law, but what about the geographical region of the former Union of Soviet Socialist Republics? In the XXth century one spoke about the Soviet conception of international law, which was a complex phenomenon, having its roots in the Russian legal school, combining the multiculturalism of the Russian Empire and the Soviet state and causing the division of the world into two blocks : Western and Soviet. For over twenty years that the Soviet Union no longer exists and the former Soviet states became independent and sovereign actors in the international arena. Can we therefore speak today about the existence of national approaches to international law of each state of the former USSR ? The objective of this thesis is to present the current state of doctrine and practice of the post-Soviet international law, considering the renewal of approaches of foreign policies of the post-Soviet states, and doctrinal concepts of international legal scholars. Does the post-Soviet doctrine of international law exist ? The contemporary international law is faced with challenges such as regionalization, globalization and the establishment of the rule of law in international law. Faced with these challenges, the doctrine and practice post-Soviet international law have been renewed. What approaches the post-Soviet states adopt in response to the contemporary challenges of regionalization, globalization and the establishment of the rule of law in international law?
2
ISAEVA, ANNA. "History of Soviet legal doctrine and its impact on modern human rights practices in Russia." Doctoral thesis, 2016. http://hdl.handle.net/2158/1029772.
Full textAbstract:
The present research provides an outline of the history of human rights in Soviet legal doctrine in order to show the impact of main trends in its historical development on contemporary legal thinking in Russia. The research is pursued using primary sources that focus on the concepts and evolution of the ideas held by Soviet lawyers, namely - the conception of “proletarian” law of D.Kursky, the “socialistic” concept of human rights of S. Kechekyan, E. Lukasheva and V. Chikvadze who studied the phenomenon of the claim on the formation of a new type of special Soviet law and other. The study aims to fill the gap in international legal scholarship, contributing by the research on Soviet academics whose scientific tradition is only found in Russian-language texts. This present work is conducted using a historiographical method, which is aimed at uncovering the continuities between the past and the present and is based on the premise that history is an inevitable element in order to grasp the essence of modern Russian legal thinking.
Books on the topic "Soviet legal doctrine"
1
Pracko, Gennadiy. History of political and legal doctrines. ru: Publishing Center RIOR, 2022. http://dx.doi.org/10.29039/02091-3.
Full textAbstract:
The textbook outlines the key topics of the course "History of political and legal
teachings." The main directions of the teachings about the law and the state of the Ancient East, Ancient Greece and Ancient Rome, the teachings of the Middle Ages,
Renaissance, New time, modern political and legal theories.
Much attention is paid to the presentation of the history of political and legal thought.
Russia, starting with Ancient Russia. The features of the doctrine of the state are revealed
and the law of the Soviet time at each of the periods of its evolution. The directions of the modern political and legal theory of Russia are interpreted.
The textbook is intended for students and graduate students of law faculties
and universities, for all those interested in the problems of the history of state and law.
2
Ayupova, Zaure, Alipasha Karaev, Maygul' Mataeva, Andrey Nechkin, and Igor' Ostapovich. Constitution of the Republic of Kazakhstan: doctrine and practice (to the 25th anniversary of the Constitution of the Republic of Kazakhstan). ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02053-1.
Full textAbstract:
This collective monograph is dedicated to the 25th anniversary of the Constitution of the Republic of Kazakhstan. It conducts a comprehensive study. The Constitution of the Republic of Kazakhstan, which mainly considers the historical and theoretical and legal aspects of the development of the Basic Law of the country, as well as its practical component. In addition, special attention is paid to the comparison of the Constitution of the Republic of Kazakhstan with the constitutions of other post-Soviet states. The publication is intended for undergraduate and graduate students, postgraduates and teachers of higher educational institutions, as well as anyone interested in foreign constitutional law.
3
Socher, Johannes. Russia and the Right to Self-Determination in the Post-Soviet Space. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192897176.001.0001.
Full textAbstract:
As a concept of international law, the right to self-determination is widely renowned for its lack of clarity. Broadly speaking, one can differentiate between a liberal and a nationalist tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or ‘domesticate’ the nationalist conception by limiting it to ‘abnormal’ situations, that is to colonialism in the sense of ‘alien subjugation, domination and exploitation’. Essentially, this distinction between ‘normal’ and ‘abnormal’ situations has since, the distinction was made, been the heart of the matter in the legal discourse on the right to self-determination, with the important qualification regarding the need to preserve existing borders. This book situates Russia’s approach to the right to self-determination in that discourse by way of a regional comparison vis-à-vis a ‘Western’ or European perspective, and a temporal comparison with the former Soviet doctrine of international law. Against the background of the Soviet Union’s role in the evolution of the right to self-determination, the bulk of the book analyses Russia’s relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation, illustrated by a total of seven case studies on the conflicts over Abkhazia, Chechnya, Crimea, Nagorno-Karabakh, South Ossetia, Tatarstan, and Transnistria. Complemented by a review of the Russian scholarship on the right to self-determination, it is suggested that Russia’s approach may be best understood not only in terms of power politics disguised as legal rhetoric, but can be seen as evidence of traits of a regional (re-)fragmentation of international law.
4
Gerhard, Hafner. Part 1 The Cold War Era (1945–89), 13 The Intervention in Czechoslovakia—1968. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0013.
Full textAbstract:
This contribution discusses the intervention of five member states of the Warsaw Pact Organization under the leading role of the Soviet Union in the CSSR in August 1968, which terminated the “Prague Spring” in a forceful manner. After presenting the facts of this intervention and its reasons, it describes the legal positions of the protagonists of this intervention as well as that of the states condemning it, as presented in particular in the Security Council. It then examines the legality of this intervention against general international law and the particular views of the Soviet doctrine existing at that time, defending some sort of socialist (regional) international law. This case stresses the requirement of valid consent for the presence of foreign troops in a country and denies the legality of any justification solely based on the necessity to maintain the political system within a state.
Book chapters on the topic "Soviet legal doctrine"
1
Eliáš, Karel. "Mezi uchou a bujabézou." In Pocta prof. Josefu Bejčkovi k 70. narozeninám, 641–58. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0094-2022-29.
Full textAbstract:
The paper examines the civil law codifications in twenty-two countries of Central Eastern Europe, in the area between Germany and Russia. It analyses the reasons for the emergence of major codifications in this area, where the decisive part was played by the 1811 General Civil Code, and notes the import of the French Code civil to parts of contemporary Poland and Lithuania. It considers the period between the World Wars, when many of the renewed and newly established states attempted to make their own codifications, which were successful only in Albania and Latvia. In the following section, he points to alternative conception of lawmaking and the concept of the legal system in the Soviet Union, forced by Vyshinsky, which resulted in the doctrine of separate branches of law denying the universal function of civil law. This concept was imported into the Soviet sphere of influence won in the Second World War. From 1990 onwards, a turn took place and new tendencies have not yet ended. Of these states, half have become members of the European Union, five others have the candidate status.
2
Butler, W. E. "Methodological Innovations in Soviet International Legal Doctrine." In The Year Book of World Affairs 1978, 334–41. Routledge, 2019. http://dx.doi.org/10.4324/9780367274634-20.
Full text
3
Isaeva, Anna. "The Cold War and Its Impact on Soviet Legal Doctrine." In International Law and the Cold War, 256–70. Cambridge University Press, 2019. http://dx.doi.org/10.1017/9781108615525.012.
Full text
4
Socher, Johannes. "The Soviet Doctrine on the Right to Self-Determination Revisited." In Russia and the Right to Self-Determination in the Post-Soviet Space, 14–56. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192897176.003.0002.
Full textAbstract:
This chapter provides a critical rereading of the history of self-determination by revisiting the Soviet Union’s contribution to its evolution from a political principle to an international legal right. It argues that the history of the right to self-determination as a concept of international law starts with the Russian Revolution and not with Wilson’s famous Fourteen Points. Moreover, it highlights that the Soviet Union was the decisive force behind the codification of the right to self-determination in international legal instruments following the Second World War, while at the same time it modified or even perverted its meaning and content in its sphere of influence, most notoriously through the later so-called Brezhnev Doctrine. A discussion on how self-determination was theorized and debated in Soviet international law scholarship up until the collapse of the Soviet Union completes the picture.
5
Socher, Johannes. "Final Conclusions." In Russia and the Right to Self-Determination in the Post-Soviet Space, 206–12. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192897176.003.0007.
Full textAbstract:
The book concludes with the suggestion that Russia’s approach to the right of peoples to self-determination may be best understood not only in terms of Russian power politics disguised as legal rhetoric but can be seen as evidence of traits of a regional (re-)fragmentation of international law. Even basic agreement on what self-determination as a concept of international law means and what role related concepts such as territorial integrity, secession, referendum, or the prohibition of the use of force do or should play in that context seems almost unattainable, to the effect that international law as a single epistemological frame is arguably in a similar danger as during Soviet times. Today, apart from Lauri Mälksoo’s work and occasional contributions by a handful of other scholars in the West, analyses of Russia’s post-Soviet state practice and doctrine in the international legal discourse usually confine themselves to assess the legality of Russia’s actions in terms of positive international law. Such a limited approach fails to attempt to understand diverging views on international law, something which was perceived as self-evident during the Cold War period.
6
Kozerska, Ewa, and Tomasz Scheffler. "State and Criminal Law of the East Central European Dictatorships." In Lectures on East Central European Legal History, 207–39. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ps.loecelh_9.
Full textAbstract:
The chapter is devoted to discussing constitutional and criminal law as it existed in selected countries of Central and Eastern Europe between 1944 and 1989 (Czechoslovakia, the German Democratic Republic, Romania, Hungary, and Poland). As a result of the great powers’ decisions, these countries came under the direct supervision of the Soviet Union and adopted totalitarian political solutions from it. This meant rejecting the idea of the tripartite division of power and affirming the primacy of the community (propaganda-wise: the state pursuing the interests of the working class) over the individual. As a result, regardless of whether the state was formally unitary or federal, power was shaped hierarchically, with full power belonging to the legislative body and the body appointing other organs of the state. However, the text constantly draws attention to the radical discrepancy between the content of the normative acts and the systemic practice in the states mentioned. In reality, real power was in the hands of the communist party leaders controlling society through an extensive administrative apparatus linked to the communist party structure, an apparatus of violence (police, army, prosecution, courts, prisons, and concentration and labor camps), a media monopoly, and direct management of the centrally controlled economy. From a doctrinal point of view, the abovementioned states were totalitarian regardless of the degree of use of violence during the period in question. Criminal law was an important tool for communist regimes’ implementation of the power monopoly. In the Stalinist period, there was a tendency in criminal law to move away from the classical school’s achievements. This was expressed, among other means, by emphasizing the importance of the concept of social danger and the marginalization of the idea of guilt for the construction of the concept of crime. After 1956, the classical achievements of the criminal law doctrine were gradually restored in individual countries, however – especially in special sections of the criminal codes – much emphasis was placed on penalizing acts that the communist regime a priori considered to be a threat to its existence. Thus, also in the field of criminal law, a difference was evident between the guarantees formally existing in the legislation and the criminal reality of the functioning of the state.
7
Bosco, David. "Adrift." In The Poseidon Project, 91–117. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190265649.003.0005.
Full textAbstract:
The years following the Second World War saw dramatic national expansion into the ocean. The United States began the process in 1945 by claiming the continental shelf and expanded fishing rights. Other countries followed suit, sometimes with even more ambitious claims. New concerns about overfishing motivated many countries to expand their national waters. National pressure on freedom of the seas combined with a conceptual challenge as newly independent countries argued that the doctrine had aided colonialism by the West. On the environmental front, figures like Rachel Carson warned about the damage humans were inflicting on the oceans. Meanwhile, ocean commerce went through a revolution prompted by the development of container shipping. The Soviet Union became a major maritime power, a transformation that would have major implications for the effort to provide a new legal framework for the oceans.
8
William E, Butler. "1 Historical Background." In International Law in the Russian Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198842941.003.0002.
Full textAbstract:
This chapter traces the history of the Russian treaty from its inception during the Kievan Rus to Soviet applications of the instrument. The precise origins of the "treaty" in Kievan practice has not been determined. However, it was from this early period that concepts such as treaty ratifications and "confirmation" were conceived in early Russian law. From there, the chapter follows Russian treaties through post-medieval times, including the inclusion of international treaties within the 1825 Complete Collection of Laws of the Russian Empire. The chapter also takes a look at the so-called "internal treaties," by examining the differences between "international" treaties and "constitutional" treaties given Russia's historic borders and its relationships with neighboring states. Finally, the chapter outlines Soviet treaty policy and its doctrinal philosophies.
Conference papers on the topic "Soviet legal doctrine"
1
Stepanenko, Ravia, Farida Khamidullina, Lidia Sabirova, Alena Soldatova, and Ilshat Ashrafzyanov. "Principles of equality and justice as absolute values of Russian constitutionalism." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.vpef9043.
Full textAbstract:
The article considers common legal principals of equality and justice whose significance is increasing in the conditions of uncertainty and instability of the modern public order. Negativism of differentiation processes and increased social inequality studied by the legal science draws the attention of researchers to the cognition of constitutionalism ideas that can be used (as the authors believe) to overcome unfavorable situations related with adherence to and protection of the rights and freedoms of citizens defined by the Constitution of the Russian Federation. The principles of equality and justice having absolute value in the system of value and mentality institutes must serve a basis for the methodology of rule-making and enforcement activity. The authors also highlight the need to observe succession in the doctrine and practice of constitutionalism, namely the need for support in achieving pre-revolutionary and soviet legal science. In this light, the liberal approach to the principles of equality and justice cannot take the monopoly position and must be supplemented by other ideas developed in the science. Taking into account methodological positions, the specific features of implementing the principles of equality and justice must be the subject of doctrinal researches of the theory of state and law and constitutional law in the methodological synthesis of interdisciplinary relations.
2
Semitko, Alexey. "Private-Public Law Dichotomy: A Comparative Analysis of Ideas." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-21.
Full textAbstract:
The Soviet legal system did not assume any division of law into private and public constituents since communist ideology did not recognise anything private as such. The end of the communist experiment and Russia’s transition to democracy, a state governed by the rule of law, a social market economy and respect for human rights logically led to the need to revive private law and its further development, and therefore the idea of dividing law into private law and public law became relevant in legal doctrine. The article contains a brief comparative analysis of Russian and French legal theories in terms of the concerned problem. The methods used are comparative law, legal hermeneutics, the formal legal method and certain elements of cultural and historical analysis. Despite the conventionality of the public-private law dichotomy, its theory is based upon the actual legal reality of the Romano-German family of legal systems; this theory is not just an abstract theorisation, but is feasible. Unlike the French theory, Russian jurisprudence applies an approach suggested by S.S. Alexeev, who points to the conceptual rather than classification-based nature of the dichotomy in the first place, stressing that private law expresses the most important essence of law as a whole and the new trend in its develop ment is to include human rights. Based on this analysis, it is concluded that human rights are the common part that unites public and private law, and therefore their unity is inseparable: prejudice to human rights, as the experience of building communism in Russia (and in other communist countries) showed, inevitably leads first to the destruction of private law, and then to the transformation of public law into a pseudo-legal system.
3
Volkov, Dmitriy V., and Vladimir V. Myasnikov. "Scientific Contribution of K. M. Varshavsky in the Formation of the Doctrine of Soviet Labour Law in the 20s of the XX Century (Historical and Legal Aspect)." In АКТУАЛЬНЫЕ ВОПРОСЫ РАЗВИТИЯ ГОСУДАРСТВЕННОСТИ И ПУБЛИЧНОГО ПРАВА. Санкт-Петербург: Санкт-Петербургский институт (филиал) ВГУЮ (РПА Минюста России), 2022. http://dx.doi.org/10.47645/9785604755174_39.
Full text