Suchergebnisse

This message is devoted to the memory of the respected professor of the Department of Constitutional and Municipal Law August Alekseevich Mishin, his approaches to the study of law. These approaches helped students and colleagues to find key factors in assessing trends in the development of constitutionalism in foreign countries, to find shortcomings and assess the merits. On this basis, a message was made and a legal analysis of the approaches and decisions of the Supreme Court of the state was carried out. The Supreme Court of Wisconsin and the Supreme Court of United States in the case of Johnson v. Wisconsin Elections Commission on changing the map of electoral districts due to the fact that the executive branch presented by the governor from the Democratic Party and the representatives of the state legislature dominated by Republicans could not agree on this issue. Based on the results of the analysis, it is concluded that there are no clear standards for the American courts to conduct a comprehensive analysis of all circumstances due to the pressure exerted by those who form the American doctrine of constitutionalism. Thanks to the scientific report, it is possible to take a closer look at the process of involving the courts in political activities, the place of the court in the system of separation of powers and the conditions for the interaction of the court with other branches of power from the point of view of constitutional law.

The article is devoted to the development of approaches to the legal qualification of the consent to harm in German doctrine and case law. The author explores the problems of the transactional theory of consent, based on the provisions of the German Civil Code and dogmatically formulated in the work of E. Zitelmann. The article describes the early case law of the German high courts on the consent to harm. The author generalizes critique of the transactional theory of consent in the doctrine and describes a departure from it in the case law of the mid-20th century in Germany. The author dwells in detail on various non-transactional approaches to the qualification of consent presented in the works of K. Larentz, E. Schenke, O. Bucher and W. Münzberg. The article describes a modern approach to consent based on the teleological reduction of some rules on transactions. The author comes to the conclusion that the development of doctrinal views on consent to harm in Germany proceeded dialectically: from the transactional qualification of consent through non-transactional approaches to the limited application of certain rules on transactions. The author suggests to qualify consent to harm as a transaction with some reservations.

In modern political and theoretical discourse, the concept of a ' just society' is usually perceived as a normative idea that expresses the notion of what society "should be". Nowadays, social justice as a political slogan is becoming an increasingly universal requirement made by social movements, political parties and groups regarding the ways of social organization and its functions. Regardless of the different interpretations, it is inseparable from other related concepts, such as 'equality', ' freedom' and many others. It also represents the projection of various concepts of justice on social relations in individual countries, regions, and, finally, throughout the world ('global justice' on the scale of all mankind). Comparative analysis of the A.M. Kovalev's concept of a just society and the main trends in the interpretation of this idea in modern Western socio-political theory indicate that the methodology developed by an outstanding Russian scientist can rightfully be considered one of the most promising. Its distinguishing feature is the creative interpretation of a set of ideas about a just society, dating back to the early works of Marx. It is combined with the analysis of the ideas of the Western European Enlightenment, the philosophy of Kant, Hegel and Fichte, the evolution of the social philosophy of the Frankfurt School and other equally influential areas of modern political theory (R. Aron and others). An analysis of modern political theories shows that the dyad " justice / state" constitutes the ontological core of the political and philosophical discourse, in the structure of which the ideas of Marxism play an important role. In the A.M. Kovalev's theory of a just society, the various assessments of the heuristic potential of Marxism acquire additional incentives, opening the way to new creative discussions. The article is dedicated to the 100th anniversary of the birth of A.M. Kovalev.

The review gives the main theses on the history of political and legal doctrines. It is mainly noted that this discipline is one of the oldest in classical legal education. Against the backdrop of widespread cuts in hours for fundamental legal disciplines, it is necessary to rmly defend our positions in the educational process of the theory of state and law and the history of political and legal doctrines.

The article discusses the evolution of views on the problem of compensation for moral harm in Russian and foreign Civil doctrine. The author analyzes the features of the position on the issue of compensation for moral harm, expressed by Professor S. M. Korneev, as well as the approaches of modern law enforcement practice in cases of compensation for moral harm. The article shows the origin of the problem of compensation for moral harm in Roman law on the example of the so-called claims for insult. The possibility of compensation for moral harm in the Middle Ages was practically denied, largely due to the prevailing doctrine of restitution. Subsequently, the legislation on compensation for non-pecuniary damage was most developed in England. Ample opportunities to compensate for non-property damage to the victim began to be provided in France and Italy. In more conservative countries - Germany and Austria, as a result, they also recognized the legality of compensation for non-pecuniary damage. In Russia, it was initially possible to observe the beginnings of this institution, in the USSR they were gone. Compensation for moral harm became possible only during the period of "perestroika". The current Russian legislation not only recognizes compensation for non-property damage, but also provides for a wide frameworks for its application.

In developing the proposed version of the lesson home reading on a work of the writer - countryman A. A. Likhanova "Boy, that does not hurt." The focus is on working with text, finding the episodes associated with the motif of tears in the product.

Aus sowjetischer Sicht

The need to reform the ideology of the French Socialist Party (FSP) was due to the political difficulties of the party, caused by the contradiction between the pragmatic policy of socialist governments, which recognized the changes of French society, and the party's ideology rooted in the traditional principles of French socialism. In the 1980s FSP doctrine shifted toward social democracy, which was formalized at its 1991 congress, and the program and election promises of the FSP became more moderate and realistic. Nevertheless, the FSP refused to fundamentally revise the main principles of party doctrine, and after 1993 began proclaiming its fealty to traditional ideals, while continuing to refrain from radical proposals in the socioeconomic sphere. Rejection of a genuine reform of party doctrine was due to the fact that a change in the ideological identity of the FSP was not supported by the majority of party members, and could also threaten to weaken the position of the FSP among the left electorate and risk the loss of allies in the left camp.

The paper attempts to prove that mathematics is not just one of the
keys to comprehending the conceptosphere of A. Bely's novel Petersburg, but the
basis of his poetics, including the character sphere. It is the mathematical approach
to the ways of grouping characters, as well as to the types of psychological analysis,
that ensures the compositional unity of the chaotic, 'unassembled', at fi rst sight, text.
Th e 'brain game' of the characters and the author-narrator, which reveals the textgenerating algorithm of the novel and provides seemingly unlimited freedom to its
creator, turns out to be a carefully adjusted 'program' based on a system of binary
oppositions. A. Bely's Petersburg, for all its ornamental 'motleyness', is one of the
most well-ordered texts of Russian literature: random encounters and collisions of
characters, their chaotic movements around the city, strange actions, as well as
'disorderly' thoughts, have a strict 'mathematical foundation'.
At the same time, the principle of binary oppositions as the organizing principle
of the system of characters corresponds to the logic of the neo-mythological text,
which is characterized by the mutual refl ection of characters into each other, as well
as the division of a single 'pro-hero' into novel doubles. The philosophical ideas of
Vyach. Ivanov, dating back to the teachings of the Pythagoreans and their interpretation of the monad and dyad (as the essence of Apollo and Dionysus), are correlated in the novel with the scientific discoveries of Professor N.V. Bugaev (arrhythmology, the doctrine of 'continuity' and 'discontinuity'). Moreover, it is emphasized
that Bely's interest in the categories of singularity and multiplicity, which sets the
mathematically visual vector of perception of the text — and above all its system of
characters — reveals a typological relationship with other areas of mathematical
knowledge (in particular, with the Banach—Tarski paradox).