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Theoretical and Applied Law

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No 4 (2021)
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ARTICLES

7-14 311
Abstract

In the chapter of the book, the author describes the procedure for normative regulation of the organization and holding of assemblies in the Republic of Poland, given that the right to freedom of assembly is enshrined in the Constitution of Poland. The author identifies certain signs and types of assemblies, depending on which a particular assembly is subject to regulation or not. In particular, the issues of holding flash mobs have not been settled. There also remain questions how to determine the boundaries when the personal moral convictions of representatives of the authorities become an obstacle to the exercise of the right to freedom of assembly, or the holding of assemblies is limited with reference to the convictions of most of the society; how to draw the line between peaceful assemblies and assemblies that threaten the safety of people; how to distinguish between spontaneous and scheduled assemblies. Some of these dilemmas are being resolved at the judicial level, but some have yet to be resolved.

15-20 269
Abstract

The article deals with the legislatively fixed features of the regulation of urban development in the new public-law formation in the Russian Federation — the federal territory “Sirius”. The method used in fixing these features does not meet the goals of creating the federal territory “Sirius” and will not allow to realize the powers of the public authorities of the federal territory, since it violates causality in the system of regulatory regulation and does not imply a legal shift in the balance of interests.

21-36 336
Abstract

Due to the nonrecognition of the origin of the business law in the commercial law, or, the law merchant, grown out of the customs and usages of merchants that existed before the emergence of law itself, and which, even in the process of formalizing the law into the legislation, characteristic for the continental law, in respect of commercial activities that introduced its public regulation, has reserved its self-regulatory and dispositive nature, the Russian legal discourse is quite different to what is generally represented as the Western legal discourse. Although Russian business law has been developed under the influence of Western law, the idea of the legislatively established legal surveillance of business activities, where written law is regarded as a progressive means of regulation, plays still an important role, and the breach of the law requirements is a sine qua non condition for civil liability (for damages) in Russia.

37-40 342
Abstract

In this article, the author, using the example of the Criminal Code of the RSFSR of 1922 and the current Criminal Code of the Russian Federation, proves the socio-political conditionality of criminal law. The different provisions of both normative legal acts are compared. The author explains what caused such changes. The questions of both criminal codes, the concept of crime, the possibility of using law by analogy, the purpose of punishment, types of punishment are considered.

ESSAYS

41-46 234
Abstract

In the article, the author examines the monograph by Tatyana Alekseeva. “The Spanish Head of State: A History of Constitutionalization”. The author notes the relevance of the study by Tatyana Alekseeva Institute of the Head of State, as relevant in modern conditions. The author notes that this historical and legal study has every reason to claim recognition in constitutional and legal comparative studies, as well as in the science of constitutional law in a broad theoretical sense. The author analyzes the role of the monarchy as an institution, on the one hand, exerting a restraining effect on the state of society, and on the other, serving as the basis, including for a democratic social order, based on the force of law. 

Research by Tatyana Alekseeva proves that free and careless treatment of state and legal institutions is costly for people, estates and nations.

REVIEWS

47-58 680
Abstract

This article is an analytical review on the question of academic freedom. The main focus of the article is on the idea of academic autonomy as an institutional mechanism which guarantees individual academic freedom. The theme of universities’ autonomy is becoming increasingly prevalent in global discussions, as the role of universities is volving. The process of internationalization of higher education, requirements for universities’ efficiency, transformation of state control and funding have significant influence on the status of universities in the society. Current research shows that this new status, together with perspectives of development lead to the increasing dependency of universities on various stakeholders. These core stakeholders, influencing autonomy are the state, business, and students as customers. Growing dependency on the private interest in turn leads to the erosion of importance that society assigns to the university as an institution.

59-69 604
Abstract

On June 26, 2021, within the framework of the Nevsky Forum, at the Faculty of Law of the NWIM of RANEPA, the section "Crisis of confidence in the modern legal order: threats and ways to overcome" was organized. Russian and foreign scientists and practicing lawyers took part in the discussion, discussed such problems as the transformation of the principles of the rule of law in the age of postmodernity, political and legal threats to the stability of the rule of law, means of developing a dialogue between the state and the individual, tools of legal communication in the context of digitalization.



ISSN 3034-2813 (Online)