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Russian Law
The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation. Statutes, like the Russian Civil Code and the Russian Criminal Code, are the predominant legal source of Russian laws. Hierarchy Constitutionism Adopted by national referendum on 12 December 1993 with 54.5% of the vote, the Constitution took effect on the day it was published – 25 December of the same year. It set out the fundamentals of government as well as proclaiming the rule of law, the ideological neutrality of the state, political pluralism, competitive elections and a separation of power, guaranteeing fundamental human rights to the Russian people. The Constitution establishes a semi-presidential system that encompasses strong executive power and increased independence for the president. Since its adoption in a 1993 referendum the Russian Constitution is considered to be the supreme law of the land. Article 15 of the Constitution reads that it "shal ...
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Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ...
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Russian Legal History
Imperial Russia Imperial Russian jurists * Semyon Efimovich Desnitsky (1740–1789) * Konstantin Alekseevich Nevolin (1806–1855) * Aleksandr Ivanovich Herzen (Алекса́ндр Ива́нович Ге́рцен) (1812–1870) was a major Russian political philosopher and is known as the "father of Russian socialism". * Boris Nikolayevich Chicherin (Борис Николаевич Чичерин) (1828–1904) was a Russian jurist and political philosopher, who worked out a theory that Russia needed a strong, authoritative government to persevere with liberal reforms. By the time of the Russian Revolution, Chicherin was probably the most reputed historian and philosopher in Russia. Uncle of Georgy Chicherin. * Friedrich Martens (Фёдор Фёдорович Мартенс) (1845–1909), one of the so-called fathers of international law and Russia's representative to the Hague convention. * Sergey Muromtsev (1850–1910) * Leonid Alekseevich Kamarovsky (1846-1912), prof ...
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Institute Of State And Law
The Institute of State and Law (ISL) of the Russian Academy of Sciences (RAS) (''Russian'': Институт государства и права Российской академии наук (ИГП РАН)) is the largest scientific legal center in the Russian Federation. The ISL is part of the Philosophical, Sociological, Psychological, and Law Department of RAS. The ISL has 350 employees, including three Academicians, three Corresponding Members of RAS, nearly one hundred Doctors and more than one hundred Candidates of Legal Science. Academician B. N. Topornin is the Academician-Secretary of the Department and the Director of ISL. History It was initially founded as the Institute of Soviet Construction at the Communist Academy. Now the center of Russian scientific legal training and consultative support for State institutions, the ISL also coordinates legal research work, trains legal science staff, and collaborates with international legal groups. By Edict of the Presid ...
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Specialist Degree
The specialist degree is an academic degree conferred by a college or university. The degree is formatted differently worldwide and may be either a five-year program or a doctoral level graduate program that occurs after a master's degree but before a doctoral degree. In the post-Soviet system, the degree is between a bachelor's and a master's degree. By countries Commonwealth of Independent States The Diploma of Specialist () is a five-year higher-education diploma that was the only first higher-education diploma in the former Soviet Union ( the Candidate of Sciences was the first academic level degree while the Doctor of Sciences was the highest academic credential) and continues to be offered throughout the USSR successor states in parallel with the new bachelor's degree. In terms of the number of instructional hours it is typically, 35 to 42 classroom hours per week, 34 weeks of instruction plus 6 weeks of exams per academic year. Commonly referred to simply as "Diploma" ...
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Rossiyskaya Gazeta
' () is a Russian newspaper published by the Government of Russia. History ''Rossiyskaya Gazeta'' was founded in 1990 by the Supreme Soviet of the RSFSR, Supreme Soviet of the Russian SFSR during the ''glasnost'' reforms in Soviet Union, shortly before the Dissolution of the Soviet Union, country dissolved in 1991. ''Rossiyskaya Gazeta'' became official government newspaper of the Russian Federation, replacing ''Izvestia'' and ''Sovetskaya Rossiya'' newspapers, which were both privatized after the Soviet Union's dissolution. The role of ''Rossiyskaya Gazeta'' is determined by the Law of the Russian Federation N 5-FZ, dated 14 June 1994 and entitled "''On the Procedure of Publication and Enactment of Federal Constitutional Laws, Federal Laws and Acts of the Houses of the Federal Assembly''", by the Decrees of the President of the Russian Federation, dated 23 May 1996 No. 763, "''On the Procedure of Publication and Enactment of the Acts of the President of the Russian Federation, ...
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Dmitry Maleshin
Dmitry Maleshin is a Russian lawyer, scholar and author in the field of civil procedural law, legal education. He has authored more than 80 peer reviewed articles, as well as contributing to a number of text books and other works. He is currently professor at Moscow State University and a visiting professor at Saint-Petersburg University and Higher School of Economics. Education, teaching and advisory work Maleshin received his degrees from Moscow State University in 1999 (Equivalent of J.D), 2002 (Equivalent of Ph.D), 2011 (Doctor of Law). He is a professor of civil procedural law at Moscow State University. He has also taught and scholared at a number of universities, including: * Higher School of Economics, professor of civil procedural law since 2014: * Moscow State University, vice-dean of Law Faculty in 2003-2013; * Tyumen State University, advisor of the Law Faculty since 2014; * Harvard Law School, visiting scholar in 2008; * Yale Law School, visiting scholar in 2004. In ...
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Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ...
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Socialist Law
Socialist law or Soviet law are terms used in comparative legal studies for the general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxist–Leninist ideology. There is controversy as to whether socialist law ever constituted a separate legal system or not. If so, prior to the end of the Cold War, ''socialist law'' would be ranked among the major legal systems of the world. While civil law systems have traditionally put great pains in defining the notion of private property, how it may be acquired, transferred, or lost, socialist law systems provide for most property to be owned by the state or by agricultural co-operatives, and having special courts and laws for state enterprises. Many scholars argue that socialist law was not a separate legal classification. Although the command economy approach of the communist states meant tha ...
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International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ...
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Legal Positivism
In jurisprudence (also known as legal philosophy), legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with theories such as natural law, which hold that law is necessarily connected to morality in such a way that any law that contradicts morality lacks legal validity. Thomas Hobbes defined law as the command of the sovereign. This idea was elaborated in the 18th and 19th centuries by legal philosophers such as Jeremy Bentham and John Austin (legal philosopher), John Austin, who argued that a law is valid not because it is intrinsically moral or just, but because it comes from the sovereign, is generally obeyed by the people, and is backed up by sanctions. Hans Kelsen developed legal positivism further by separating law not only from morality, as the early positivists did, but also from empirical facts, introducing the concept of a N ...
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Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ...
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