Suchergebnisse

The paper describes the conceptual algorithm model to address complex collisions of law (conflicts of law) that arise due to coincidence of collisions. Based on the functional interpretation of the conflicts of law, the author describes a three-level taxonomy of such conflicts in terms of the prescriptive criterion: at the first level, the conflicts of law are divided into objectively solvable and objectively unsolvable (absolute) ones. At the second level, the objectively solvable conflicts of law are subdivided into inter-legal (spatial) and intra-legal ones. The latter, in their turn, are subdivided into hierarchical, conceptual and temporal conflicts of law. However, the coincidence of law conflicts may only occur between intra-legal collisions.
The author demonstrates the interrelation between the universal and specific historical aspects to determine the criteria for selecting the applicable law in case of various conflicts of law. It is noted that in the context of the modern hierarchically organized legal system there is a hierarchy of collision maxims: first — lex superior, second — lex specialis, and third — lex posterior. The paper provides a model of the scientifically grounded algorithm for addressing conflicts of law in a situation of their coincidence, taking into account various strategies.

The present article stipulates on various disputable issues of applying the general legal maxims on overcoming the conflict of lex posterior derogate priori and lex specialis derogate legi generali based on the empirical examples of contemporary Russian criminal law. The objective is to clear the peculiarities of operating the lex posterior and lex specialis maxims including, inter alia, through appealing to the doctrine and positive law in the aspect of correlation with some specific colnflict rules. For this purpose, the author turns to a number of techniques, ways and methods of legal phenomena studies, such as, particularly, system approach, ascend from abstract to specific, using the logic of standard and normative statements, conceptual and definition analysis, speculative experiment, legal and dogmatic approach, legal simulation method, law comparison method. The main conclusion of the research is formulated as follows: though the principles of lex specialis and lex posterior are generated by the legal doctrine as criteria for selecting one out of two conflicting options, the principle that a law governing a specific subject matter overrides a law governing only general matters finds a wider scope of application compared to the principle of priority of a new law over the old one. The situation is explained by the fact that lex specialis is deliberately used by the legislators to construct logical relationships of legal rules, while lex posterior does not perform a similar function

A man of the north -- Siberian merchant capitalist -- Moving to America -- Taking command -- Calamities and catastrophes -- The missionary monks and the chief manager -- Government men, monks, and the Alutiiq Rebellion -- The Russian-American Company -- The Sitka Sound War -- Beyond Alaska -- Averting disasters -- Closing the Baranov era

Based on the material of the political crisis in Venezuela in 2019, the paper studies factors behind the popularity of protest messages (tweets) on Twitter. Methodologically, the study develops the notion of SIMCA (Social Identity Model for Collective Action). The theory suggests that factors in the social environment may mobilize a person through such psychological antecedents as anger, belief in ability to achieve the desired goals (efficacy belief) and protest identification. The project participants created a database including over 5.7 million tweets, based on which three sets of the most popular messages (tweets) have been selected. The three sets were named according to psychological antecedents: a) anger, b) belief in success (including international support), and c) protest identification. The analysis of the tweets demonstrates that the belief in the success of the protest campaign has the greatest mobilizing force.